SHRI RAMESHWAR DASS SHARMA Vs. DINESH KUMAR

JUDGEMENT

(1.) The petitioner-tenant challenges the order dated 29.09.2016 (Annexure P-5) passed by the Rent Controller, Kharar whereby, his application for dismissing the rent petition being infructuous has been rejected. The dismissal was sought on the ground that the property in dispute had been acquired vide notification dated 02.02.2015 issued by the National Highway Authority of India (NHAI).

(2.) Resultantly, counsel for the petitioner has placed reliance upon judgment in Harjinder Singh Vs. Ved Parkash, 2010 (1) PLR 162 to submit that there was no relationship of landlord-tenant and the same had ended by operation of law. The application had been opposed by the respondent-landlord on the ground that possession had not been taken and the tenant could not deny the title as such. The Rent Controller found that the ejectment application was filed on 10.12014 on the ground of nonpayment of rent and the acquisition proceedings had been initiated after the filing of the rent petition. There was nothing to show that the amount of compensation as such had been awarded to the landlord and the possession had been taken by the Government. Accordingly, application was dismissed on the ground that once the relationship was admitted, the tenant could not thereafter deny the relationship of landlord-tenant. The judgment in Harjinder Singh's case (supra) was distinguished on the ground that the possession of the property had been taken in that case.

(3.) Counsel for the petitioner has vehemently submitted that the respondent/landlord has an alternative remedy for recovery of rent also by way of filing civil suit and, therefore, the application has been wrongly rejected.