NAURATA RAM Vs. MAM CHAND

JUDGEMENT

(1.) THIS is landlord's petition is whose favour eviction order was passed by the Rent Controller, but was set aside in appeal.

(2.) THE landlord Naurata Ram sought the ejectment of his alleged tenant Mam Chand from the shop in dispute on the ground that he was in arrears of rent with effect from 1st February, 1986 to 30th of September, 1971 alongwith interest and House Tax. The tenant disputed the relationship of landlord and tenant between the parties. He claimed himself to be the owner of the premises in dispute. The learned Rent Controller found that there was relationship of landlord and tenant between the parties and since no arrears were tendered on the first date of hearing eviction order was passed. In appeal the learned Appellate Authority reversed the said finding of the Rent Controller and came to the conclusion that Naurata Ram has failed to establish the relationship of landlord and tenant in this case. In view of that finding the ejectment application was dismissed.