UJJAGAR SINGH Vs. LAJPAT RAI

JUDGEMENT

(1.) UJAGAR Singh filed an application for ejectment of Lajpat Rai under section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the Act), on the ground that he was in arrears of the rent since October, 1972. It was pleaded that a room and a kitchen forming part of property No. 309/1, Industrial Area, Ludhiana was given on rent to the tenant on 20th January, 1972 at the rate of Rs. 100 per month. The tenant contested the petition and pleaded that there was no relationship of landlord and tenant between the parties. It was denied that he ever took the premises on rent. Ownership of the applicant was disputed and it was pleaded that it was his (alleged tenant's) wife who was the owner and she was a necessary party to the proceedings.

(2.) THE Rent Controller and the Appellate Authority dismissed the application after recording finding that relationship of landlord and tenant was not proved between the parties. In doing so it was noticed that the tenant was a chowkidar and was earning Rs. 175 p. m. and he could not agree to pay Rs. 100 per month as rent. It was also noticed that the tenant's wife had been living in the premises in the dispute since 1965 as she was having a pass book relating to a bank account wherein her address of the premises was given. This is landlord's revision.

(3.) FOR the reasons recorded above, this revision is dismissed and the parties are left to bear their own costs. Revision dismissed.