JIA LAL Vs. KISHORE KUMAR KHULLAR

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 16.10.1979 passed by the learned Appellate Authority, Karnal, under Section 15(4) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short the Act) whereby the appeal filed by the respondent against an order of his eviction passed by the learned Rent Controller vide judgment dated 14.5.1979 has been allowed. The landlord petitioner being aggrieved against the same has filed the present revision petition.

(2.) THE petitioner filed an application under Section 13 of the Act for the ejectment of the respondent from the premises in dispute claiming that the latter was a tenant at a monthly rent of Rs. 50/- and that he had failed to pay the rent of the premises. Some other grounds for ejectment of the respondent were also put forward but the same were given up in view of the written statement filed by the respondent. The respondent controverted the allegations that he is a tenant under the petitioner. He averred in his written statement that his uncle is the tenant in the premises and he is living with him only as a licensee. He did not tender any rent on the first date of hearing. The matter which was, therefore, put to issue was whether there is a relationship of landlord and tenant between the parties. The learned Rent Controller returned a finding in favour of the petitioner and consequently ordered ejectment of the respondent from the premises in dispute. The Appellate Authority however, reversed this finding on an appeal filed by the respondent and dismissed the ejectment application of the petitioner. This is how the present revision petition has been filed by the landlord petitioner in this Court.

(3.) THE uncle of the respondent whom he alleged to be the tenant under the petitioner is Shri M.D. Khullar who defended the case on his behalf as a special attorney. The case as set up by the petitioner was that the premises was let out to the respondent in the month of January/February, 1973 at the rate of Rs. 50/- per month. There is no rent note executed by the respondent. The oral evidence in the form of the statement of Suresh Chand A.W. 1 was relied on. He stated that he is a neighbour of the petitioner. One day the respondent was in search of a house a met him and at his request he took him to the petitioner and had the premises rented out to him at Rs. 50/- per month. According to him, the tenancy was created in January or February, 1973. He further deposed that it was winter season then. The special attorney of the respondent appeared in the witness-box and deposed that he himself is the tenant in the premises much prior to January, 1973. He produced on the record documents RX, RY and RZ. These documents originally were not admitted into evidence. The respondent, therefore, filed a revision petition in the High Court which was disposed of by order dated 20.3.1978 wherein it was observed thus :