RADHA BOPARAI Vs. ATMA RAM KUNDRA

JUDGEMENT

(1.) THIS is landlady's petition in whose favour eviction order was passed by the Rent Controller but was set aside in appeal. The landlady, Smt. Radha Boparai, wife of Lt. Col. M.S. Boparai, claiming herself to be the owner and landlady of the house in dispute filed the ejectment application on 10th August, 1982, against her tenant Atma Ram Kundra, inter alia, on the ground that she required the premises for her own use and occupation as her husband was an Army Officer and his service conditions made him liable to be transferred from place to place and therefore, the premises were required for residence of the landlady and her family and that she was not in occupation of any other residential building in the urban area concerned nor had vacated any such building.

(2.) IN the written statement, the tenant denied that she was the owner/landlady of the premises in question. According to the tenant, one Malook Singh (father of the landlady) was the landlord and also the real owner of the house in dispute and, therefore, there being no relationship of landlord and tenant between the parties, the Rent Controller had no jurisdiction to try the petition. The other allegations of personal necessity were also denied. However, the arrears of rent as claimed by the landlady with effect from January, 1980, were tendered on the first date of hearing.

(3.) IN appeal the learned Appellate Authority reversed the finding of the Rent Controller and came to the conclusion that from the evidence on the record it has to be held that there was no relationship of landlord and tenant between the parties. According to Appellate Authority, Malook Singh was the real person behind the curtain who got the sale deed executed Exhibit P-5 dated 4th September, 1979, in favour of his daughter, Smt. Radha Boparai, from its original owner N.S. Lamba. Consequently, eviction order was set aside. Dissatisfied with the same, the landlady has filed this petition in this Court.