- (1.) The landlord petitioner has filed this revision against the order of the Appellate Authority, Patiala dated 11th September, 1974, whereby the order of the Rent Controller directing the ejectment of the tenant has been set aside.
(2.) The landlord petitioner filed an application for ejectment from the first floor of the house consisting of two rooms, on the ground of non-payment of arrears of rent. It was pleaded in the application that the tenant respondent is in possession of the disputed house as a tenant under it at the rate of Rs. 4/- per month and he has not paid the arrears of rent since October, 1965. (Application for ejectment was filed on 2nd June, 1969) and as such he is liable to be ejected from the disputed house. The landlord petitioner is a society registered under the Societies Registration Act, 1860, and is known as Ram Ashram Committee, Patiala. The tenant filed his written statement and made a simple denial of all the allegations.
(3.) On the pleadings of the parties, the following issues were framed by the Rent Controller :- 1. Whether the respondent is a tenant under the applicant and if so, at what rate of rent OPA. 2. Whether the applicant is competent to file the application OPA. 3. If issue No. 1 is proved, whether the respondent is liable to be ejected on the ground of non-payment of rent OPA. 4. Relief. On issue No. 1, the Rent Controller came to the conclusion that the respondent is a tenant under the petitioner at the rate of Rs. 4/- per month. Since arrears of rent were not paid, as claimed, on the first date of hearing, an order of ejectment was passed against the tenant. In appeal, the finding of the Rent Controller on issue No. 1 has been reversed and it has been held that there is no relationship of landlord and tenant between the parties as the landlord has failed to prove itself to be the owners of the house in question. Feeling aggrieved against this, the landlord-petitioner has come up in revision to this Court.;