KHIALI RAM Vs. SANTOKH SINGH

JUDGEMENT

(1.) Petitioner Khiali Ram was ordered to be evicted by the learned Rent Controller, Fazilka. In appeal before the Appellate Authority, Ferozepur, the petitioner did not succeed and he has come in revision petition before this Court.

(2.) Brief facts of this case are that the rent petition was filed by the respondent for ejectment of the petitioner from the shop in dispute. As per the averments made in the petition, the shop was a part of a big building, which was jointly owned by Kailwashwati widow, Roshan Lal and Harinder Rai etc. Vide registered sale deed dated 10.11.1986, the shop in dispute was purchased by the respondent from Smt. Kailashwati etc. co-owners. At the time of purchase by the respondent, the petitioner was occupying the shop in dispute as a tenant at a monthly rent of Rs. 75/-. That being so w.e.f. 10.11.1986, the petitioner has been occupying the shop in dispute as a tenant and thus there exists a relationship of landlord and tenant between the petitioner and the respondent. The eviction of the petitioner has been claimed on the ground of non-payment of rent from 10.11.1986 i.e. the date respondent purchased the shop.

(3.) The rent petition was contested by the present petitioner and the relationship of landlord and tenant was also categorically denied. It was pleased by the petitioner that he entered into an agreement of sale on 9.8.1986 with Harinder Rai, one of the co-owners of the shop in dispute, and in pursuance of that agreement, a registered sale deed dated 11.2.1987 was also executed in his favour for a valuable consideration of Rs. 18,000/- and thus he has claimed ownership of the shop in dispute.