NARESH KUMAR SHARMA Vs. ROSHAN LAL

JUDGEMENT

(1.) There is no merit in this, revision petition. The petitioners petition for eviction under Section 14 of the H.P. Urban Rent Control Act, 1971 has been dismissed by the courts below on the ground that the relationship of landlord and tenant has not been admitted or proved to exist. The petitioner has been directed to establish his title before the Civil Court regularly.

(2.) The relevant facts for the purpose of disposal of this revision petition are as follows.

(3.) The property was admittedly owned by one Zeinab Bibi. According to the petitioner after her death, her brother Kamru Deen succeeded to the estate and he executed a Will by which one Mrs. Kailash Dutta became the owner of the property. The Will is dated 9.4.1974. Mrs. Kailash Dutta sold the property on 31.7.1979 to Vimlesh Lal, widow of Sunder Lal, Dasodh Lal wife of Puran Parkash and Smt. Susheel Lal. From those persons, the petitioner purchased the property under document dated 28.11.1985. As soon as the petitioner purchased the property, the petitioner issued a notice to the respondent calling upon him to attorn to the petitioner. The respondent sent promptly a reply denying the title of the petitioner to the property and refusing to attorn as required by the petitioner.