SMT. JAWALI Vs. DES RAJ

JUDGEMENT

(1.) THIS Civil Revision Petition has been directed against the order of the authorities below by which the application of Smt. Jawali for eviction of the tenants from the demised premises has been dismissed. The application was filed on the ground of non-payment of rent. It was alleged by the applicant landlady that the Respondents were rented out the demised premises at a monthly rent of Rs. 50/- and that rent amounting to Rs. 6000/- from 1.4.1967 and 31.3.1977 was in arrears. The respondents denied the relationship of landlord and tenant between the parties. It was the case of the tenant that Joginder Singh was the owner and in any case the landlord from whom the demised premises was taken on rent and, therefore, since no relationship of landlord and tenant existed between the parties, the applicant had no locus standi to file the eviction application. Both the authorities below have concurrently found that it was Joginder Singh who had rented out the demised premises to the tenants and not the petitioner landlady. In fact, Joginder Singh was examined by the tenants as RW.1, who has supported the case of the tenant. The appellate authorities have further found by appreciating the entire documentary and oral evidence on the record of the case that the question of title was involved which could not be gone into by the rent authorities who have got limited jurisdiction. Mr. Gur Rattan Pal Singh, learned counsel for the petitioner could not advance any meaningful argument to take contrary view. In this view of matter, there is no force in the revision petition and the same is dismissed with no order as to costs. Petition dismissed.