PIAREY LAL Vs. KHUSHAL CHAND AND ORS

JUDGEMENT

(1.) This revision petition has been filed by Piarey Lal landlord against the order of the Rent Controller, Narnaul dated 29 January, 1985.

(2.) Briefly the facts are that Piarey Lal along with respondent Nos. 2 to 7 filed an application for fixation of fair rent of the property in dispute against his tenant Khushal Chand. The latter contested the petition and inter alia pleaded that the disputed property is under the ownership of Custodian. He, however, did not deny that he was a tenant under the petitioner-landlords. He also took several other pleas. On the pleas of the parties six issues were framed. Issue No. 3 is as follows :-

(3.) The only question that arises for determination is that when the tenancy is admitted by the tenant, whether he can dispute the title of the landlord in the proceedings under the Haryana Urban (Control of Rent and Eviction) Act, 1973. In the present case admittedly the respondent-tenant has been put in possession of the property by the landlords and he is liable to pay rent to them. Section 116 of the Evidence Act provides that no tenant of immovable property shall during the continuance of the tenancy be permitted to deny that the landlord of such tenant had at the beginning of the tenancy a title to such immovable property. In the aforesaid circumstances the Rent Controller should not have framed the issue on the plea that the Custodian was the owner of the property, as the tenant was not entitled to take that plea.