BISHAM VIR SINGH Vs. MADAN LAL

JUDGEMENT

(1.) THE landlord/petitioner had challenged the order of the Rent Controller dated April 16, 1987, whereby he stayed proceedings in the ejectment petition till the decision of the civil suit pending in the Civil Court.

(2.) THE facts, in brief, are that the demised shop was owned by the father of the petitioner/landlord. After his death, a dispute arose between his heirs regarding succession to his estate. A civil suit for partition of various properties, including shop in dispute, titled as Karam Vir Singh v. Bishan Vir Singh, is pending in the Civil Court at Ambala. The respondent/tenant has also been made a party as a defendant in the civil suit.

(3.) THE learned counsel for the petitioner/landlord has urged that further proceedings in the ejectment petition dated August 16, 1986, could not be stayed by the Rent Controller. He further urged that the respondent/tenant had tendered rent in the eviction applications filed by the petitioner against the respondent/tenant. It has been brought to my notice that more than six applications u/s 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short, referred hereinafter as the Act) were filed by the landlord/petitioner against the respondent. The respondent/tenant tendered arrears of rent before the Rent Controller, and the eviction applications were, thus, rendered infructuous on payment of arrears of rent. It was further urged by him that the respondent/tenant cannot dispute the title of the petitioner.