L.B. TONDAN Vs. KANTA DEVI

JUDGEMENT

(1.) THE defendant-petitioner has challenged the order of the learned District Judge, Ambala, who on appeal by the plaintiff-respondents restrained the former from dispossessing the latter in pursuance of an ejectment order in case No. 339-R of 1984 Sh. L.B. Tondan v. Sh. Panna Lal, son of Sh. Lachhi Ram.

(2.) THE facts, briefly, are that the petitioner purchased the house in dispute from Sh. Rameshwar Dass. The owner, Sh. Rameshwar Dass, informed the petitioner that Sh. Panna Lal was a tenant on the disputed premises. The petitioner served a notice on him calling upon him to acknowledge the petitioner as the landlord of the demised premises. Thereafter he filed an application u/s 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for his ejectment from the house in dispute. The application was allowed by the Rent Controller vide order dated June 13, 1986. The order was affirmed by the Appellate Authority vide order dated November 12, 1986.

(3.) THE learned District Judge, in his judgment, referred to various rent receipts evidencing payment of rent by the respondent to the original owner Sh. Rameshwar Dass. The learned District Judge also referred to ration card, gas connection and voters' list for coming to the conclusion that the respondents were in possession of the disputed premises. Relying on this evidence, the learned judge came to the conclusion that the respondents were not liable to be ejected in pursuance of the eviction order obtained by the petitioner against Sh. Punna Lal.