SHIV DAYAL Vs. SULOCHANA DEVI

JUDGEMENT

(1.) Shiv Dayal son of Ram Kumar has filed the present revision petition directed against the judgment of the learned Additional District Judge/Appellate Authority, Narnaul dated 4-2-1999. By virtue of the impugned judgment, the learned Court had set aside the order passed by the learned Rent Controller dated 7-9-1998. It was directed that the objections of the respondents should be disposed of after framing of the issues and recording of evidence.

(2.) The relevant facts are that petitioner Shiv Dayal filed an eviction petition against Maman Ram husband of respondent No. 1 Sulochana Devi. The eviction was prayed with respect to the suit premises on the ground of non-payment of rent, impairing the value and utility, of the property without the consent of the landlord. Respondent Maman Ram contested the petition and challenged the locus standi of the petition to file the eviction petition. He asserted that petitioner was not the owner in possession of the house in dispute. Rather the house belonged to one Basu Dev and Kamalapati. He had taken the house on rent from Kamalapati son of Ram Partap and had purchased the same in the name of his wife. The learned Rent Controller had gone into the controversy and held that Kamalapati had no right to sell the property in dispute and further that the sale deed was not proved by Maman Ram. It was held that there was an oral tenancy of Maman Ram under the petitioner. Even the Rent Controller went on to hold that in the eviction petition, respond-ent-Maman Ram was liable to be evicted on the ground of non-payment of rent.

(3.) It appears that Maman Ram even has filed the appeal which is pending before the Appellate Authority, Narnaul. In appeal the order passed by the learned Rent Controller had not been stayed.