JALAL MASIH Vs. HANIFA

JUDGEMENT

(1.) The present revision petition has been filed by Jalal Masih, hereinafter described as "the petitioner", directed against the order passed by the learned Rent Controller, Gurdaspur, dated 6.4.1984 and of the learned Appellate Authority, Gurdaspur, dated 10.1.1985. The learned Rent Controller had dismissed the petition for eviction filed by the petitioner and the said order was upheld by the learned Appellate Authority.

(2.) The relevant facts are that the petitioner had filed an application for eviction under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short "the Act"), it was alleged that Hanifa respondent is a tenant in the property in question. The petitioner is the owner-landlord of the property which was let to the respondent-tenant at a monthly rent of Rs. 40/-. The arrears were claimed to be due from 1.3.1968. In the reply filed, eviction petition was contested. It was alleged that there was no relationship of landlord and tenant between the parties. The petitioner had taken loan from the government for construction of the residential house. He had failed to repay the loan and entered into an agreement dated 29.11.1966 with the respondent. By virtue of the said agreement, the respondent was to pay the remaining instalments of loan and after the instalments were paid, the petitioner was to execute a sale deed in favour of the respondent. Possession was given to the respondent in terms of the said agreement. The petitioner even had filed a civil suit and it was compromised in terms of that agreement. The respondent claimed that he had paid all the instalments to the government.

(3.) The learned Rent Controller framed the issues and held that there is no relationship of landlord and tenant between the parties. This was approved by the learned Appellate Authority. Hence, the present revision petition.