HARI CHAND Vs. BANTI

JUDGEMENT

(1.) This is a revision petition directed against judgment dated 18.08.1979 of the Appellate Authority, Chandigarh dismissing the appeal of the petitioner-Hari Chand (since deceased and now represented by his legal heir) in which order dated 5.2.1979 passed by the Rent Controller, Chandigarh was challenged.

(2.) RESPONDENT -Smt. Banti (since deceased and now represented by her legal heirs) filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, as applicable to Union Territory, Chandigarh (for short, 'the Act') for eviction of Hari Chand from Booth No. 29, Sector 22-D, Chandigarh on the ground that he had materially impaired the value and utility of the premises in question; that he was in arrears of rent with effect from 1.8.1974 to 31.3.1976 and that the demised premises were required for her use as well as for use of her husband.

(3.) THE petition was contested by Hari Chand, who tools a preliminary objection that there was no relationship of landlord and tenant between the parties. It was pleaded by him that he was inducted as a tenant in the demised premises by Jagir Singh to whom the said property belonged through his attorney Shri Amar Nath, husband of Smt. Banti. It was denied that any rent was due and rest of the grounds for eviction were also refuted.