ARYA PRITINIDHI SABHA Vs. JARNAIL SINGH

JUDGEMENT

(1.) This petition has been filed against the concurrent orders of the Courts below dismissing the petition for eviction filed by the petitioner.

(2.) The case of the petitioner was that the respondent was a tenant under it and had sought eviction on the following grounds:-

(3.) The plea of respondent on the other hand was that the petitioner was neither the owner nor the landlord. In this regard the petitioner relied upon the decision of a previous suit wherein it had sought permanent injunction restraining the respondent from changing the nature of the building. The Courts below held that finding of the civil court was not only not binding but beyond the jurisdiction of the civil court and consequently held that the petitioner was not the landlord of the respondent. On the issue of non-payment of rent also the Courts below held that the petitioner was not able to prove as to from what date the premises had been let out on rent because there was no rent note on the record. Further since there was no receipt or any proof of any kind it was held that even the period for which there was allegation regarding non-payment could not be proved. As regards the change in construction and the sub letting both the courts held that the petitioner had not been able to prove what was the construction in place when the premises were allegedly let out to the respondent and, therefore, held that it could not be proved as to whether any unauthorised construction had been made or any subletting had been done.