PARKASH GUPTA Vs. SAT PARKASH ARORA

JUDGEMENT

(1.) THIS revision petition under Section 15 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') is directed against the orders dated January 17, 1985 of the Rent Controller, Chandigarh, framing issue No. 2.

(2.) BRIEF facts giving rise to the filing of this revision may be stated thus :

(3.) SHRI Rajiv Kataria, the learned counsel for the petitioner, has argued that Sat Parkash Arora had filed the ejectment application for the ejectment of the revision petitioner. He had specifically pleaded that he had inducted the revision petitioner as a tenant on the top floor of the building in question, at the rate of Rs. 120/- per mensem, which was subsequently raised to Rs. 135/- per mensem by the tenant. This did not include the electricity and water charges which were to be paid by the tenant. This plea has been stoutly refuted by the revision petitioner in his reply. In order to succeed in his petition, Sat Parkash Arora, had to establish that he was the landlord of the premises in dispute and the revision-petitioner was his tenant. In this situation, issue No. 2 should have been, "whether there is relationship of landlord and tenant between the parties ?" and the onus of this issue should have been placed on the petitioner.