AMRIK SINGH Vs. GOBINDER SINGH SIDHU

JUDGEMENT

(1.) This revision petition is directed against the judgment of the Appellate Authority dated February 17, 1978.

(2.) Briefly, the facts are that Gobinder Singh landlord was the owner of shop cum-flat No. 23-24, situated in Sector 19-C, Chandigarh. He gave it on lease at the rate of Rs. 400/- per mensem to Amrik Singh tenant vide rent note dated February 13, 1964. Later, it is alleged, that the rent was enhanced from Rs. 400/- to Rs. 800/- per mensem. The landlord filed an application for ejectment against the tenant on August 5, 1975 inter alia on the ground that he (tenant) had failed to pay arrears of rent and that the landlord required the premises for his own use and occupation. The application was contested by the tenant, who pleaded that he had taken the premises on lease vide rent note dated February 13, 1964 but he later left the premises and the landlord gave them to Messre Link Furnishers Production Co-operative Industrial Society Limited (hereinafter referred to as the Society).

(3.) The main issue on which the petition was contested, was whether the relationship of landlord and tenant existed between the parties. The Rent Controller decided the issue in favour of the landlord. Consequently, he accepted the application and ordered ejectment of the tenant. He went up in appeal before the Appellate Authority who affirmed the finding of the Rent Controller and dismissed the same. He has come up in revision in this Court.