CHAUDHARY RAM Vs. LIBA SOOD

JUDGEMENT

(1.) THE present revision petition has been filed by Chaudhary Ram (hereinafter described as 'the petitioner') directed against the order of eviction passed by the learned Rent Controller, Ludhiana, dated 20. 10. 1992 and that of the Appellate Authority, Ludhiana dated 23. 12. 1996. The learned Appellate Authority had dismissed the appeal filed by the petitioner.

(2.) THE relevant facts are that Liba Sood and another had filed a petition for eviction against Naresh Syal as well as the petitioner with respect to the property in dispute. It was asserted that earlier Manmohan Syal was a tenant in the property. He had built a room and was running a powerloom therein. When Manmohan Syal left the property, on 1. 9. 1955 it was let out to Naresh Syal and a lease deed was executed. The said tenant was alleged to have not paid or tendered the rent from the year 1973 onwards and further it was claimed that he had sublet the property to the present petitioner. The petitioner was complained to be in exclusive possession of the disputed property and further that petitioner was carrying on dairy business in the said property in question. Other grounds of eviction had not been pressed and, therefore, it is not required that reference be made to them.

(3.) PETITIONER contested the petition for eviction and urged in the reply that he had taken possession of the suit property when it was lying vacant. He came in occupation in the year 1973 and constructed one big hall besides two rooms. He started doing his business. In this process he denied that he is sub-tenant of Naresh Syal. Petitioner further claimed that he is in occupation, continuous, hostile and adverse possession of the property and has become owner thereto. He had even set up a water tank therein.