LAWS(P&H)-1988-8-39

NANHU MAL Vs. RAGHA RAM

Decided On August 29, 1988
Nanhu Mal Appellant
V/S
Ragha Ram Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the orders of the Rent authorities by which the application of the two petitioners, namely, Nanhu Mal and his son Lachhman Dass for eviction of the tenant from the demised premises on the ground of non-payment of arrears of rent has been dismissed.

(2.) THE application was filed by both the father and his son when they themselves were not very sure as to which one of them is the landlord of the demised premises qua the tenant. It is for this very precise reason that the learned Rent Controller thought it appropriate not to record any evidence in the proceedings. The appellate Court has, of course, confused the issues by referring to some documentary evidence which was not on the record of this case, yet it does not mean that the revisional Court should remand the case for the purpose of recording a finding as to which of the two appellate is the owner or the landlord of the demised premises qua the tenant.

(3.) IN view of what has been noticed above, the revision petition is dismissed with no costs. Any observation made therein would not mean the determination of the rights of the owners or the landlord because, I have been informed that Nanhu Mal is already dead. The question is as to who is the landlord of the demised premises now can be better gone into in some other proceedings. Petition dismissed.