JAGJIT SINGH Vs. VANEET JAIN

JUDGEMENT

(1.) Jagjit Singh has filed the present revision petition directed against the order passed by the learned Rent Controller, Jagadhari, dated 12.4.1996 and of the learned Appellate Authority, Jagadhari, dated 16.3.1998. The learned Rent Controller had passed an order of eviction against the petitioner which was upheld by the learned Appellate Authority.

(2.) The relevant facts are that the respondent contended that the shop was earlier owned by Tarlok Chand Jain. He had let the property to the petitioner. Tarlok Chand had died in the year 1981. He left behind his widow and two sons including the respondent. Besides that, he had two daughters. In the family partition, the shop in question fell to the share of the respondent. A decree of the Civil Court was also passed on 9.9.1988. The respondent contended that he requires the property for his own use and intends to start Karyana Food Grain business therein. Earlier, he was a minor and he has attained the age of 18 years on 9.2.1987. The petition was filed on 2.12.1988. The other ground of eviction that arrears of rent were due had not survived for the purpose of present revision petition.

(3.) The petitioner contested the petition for eviction. According to him, it was Parshotam Lal Jain who was collecting the rent from him. He was not aware if Tarlok Chand Jain was the landlord-owner of the property. The decree of the Civil Court dated 9.9.1998 was pleaded to be collusive and mala fide. The respondent was stated to be doing the business in Orissa where he is residing permanently. It was denied that the respondent bona fide requires the property in question.