SHANMOHD Vs. HANIF

JUDGEMENT

(1.) THIS is landlord's revision arising out of the order of the lower appellate court refusing to determine the provisional rent on the ground that the landlord has failed to produce any evidence of relationship of landlord and tenant between the parties.

(2.) IT has been held by a Division Bench of this Court in Mst. Tulsi Vs. Sachhanand (DB Civil Revision Petition No. 79/79 decided on 20. 09. 1989) that the court is entitled to give a prima facie finding about the relationship of landlord and tenant between the parties and if the finding is recorded that this is a relationship then provisional rent can be fixed and not other wise. In this case, the landlord has not produced any material for recording such a finding.