HARISH CHANDER Vs. MOHINDER SINGH

JUDGEMENT

(1.) APPLICATION for eviction by the landlord for non- payment of rent was resisted on the ground that there was no form of tenancy relationship between the petitioner and the tenant. During the course of proceedings, the respondent himself had filed an application for assessment of rent, which was made by the Rent Controller by his docket order No. 9985 directing the payment to be made at the next date of hearing on 17.09.1985. The amount was not paid as directed but the respondent filed a counter denying the relationship of landlord and tenant. The Rent Controller allowed the petition finding that the rent had not been paid as directed and finding that there had been a relationship of landlord and tenant and the contention to the contrary by the tenant was frivolous. The appellate authority reversed the decision.

(2.) THE learned Senior Counsel appearing for the revision petitioner assailed the findings of the Appellate Authority on the ground that the reliance placed on the so-called affidavit signed by the landlord to the Electricity Board that electricity service connection could be made in favour of the respondent's wife ought not to have been relied upon since :-

(3.) THE Appellate Authority's finding that the respondent was not a tenant by the only fact that there had been a subsequent affidavit signed by the landlord admitted the wife of the respondent as tenant does not, in my view, accord with evidence. If there was a specific document which might be looked upon as affording the most conclusive evidence regarding the relationship of landlord and tenant, it ought to be an agreement of tenancy itself. The rejection of evidentiary value of this document sprang from the perception of the Appellate Authority that the document was unregistered and hence it did not prove the relationship. His further reasoning was that the document was denied and it was not proved.