BHAG SINGH Vs. SAVITRI DEVI & ANR

JUDGEMENT

(1.) The learned counsel for the contesting party, respondent No.1, has appeared in caveat; and with the consent and at the request of the learned counsel for the parties, the matter has been considered finally at this stage itself.

(2.) After having heard the learned counsel for the parties and having perused the material placed on record, this Court has formed an opinion that the impugned order dated 25.05.2011 cannot be sustained and the application as moved by the petitioner with reference to Section 10 of the Code of Civil Procedure ('CPC') deserves to be restored for re-consideration of the learned Rent Tribunal, Sriganganagar. As the application is being restored for reconsideration, this Court would not be making any comments on the merits of the case; and only a brief reference to the background would suffice.

(3.) The respondent No.1 has filed a petition for eviction (No.32/2007) on or about 04.05.2007 praying for eviction with the allegations that the petitioner has been the tenant in the premises in question and has defaulted in making payment of rent and has also denied the title of landlord. The petitioner has filed a reply, inter alia, alleging a transaction of his brother with the son of the respondent No.1 wherefor certain blank signed papers were handed over to the son of respondent No.1 and who allegedly created a power of attorney thereupon and on that basis, got executed a sale deed. The petitioner also submitted that he had already filed a civil suit on 14.12.2006 in the Court of District Judge, Sriganganagar for declaration against such sale deed. In nutshell, the petitioner has clearly denied existence of relationship of landlord and tenant between the parties and on the contrary, he has set up specifically a title in himself. The petitioner moved an application with reference to the provisions of Section 10 CPC in the eviction petition and prayed for stay over the proceedings in the petition for pendency of the previously instituted suit filed by him wherein question of his title to the property is involved.