HARNAM SINGH AND ANRS. Vs. SMT. KAUSHALYA DEVI AND ANRS.
LAWS(P&H)-1980-2-84
HIGH COURT OF PUNJAB AND HARYANA
Decided on February 05,1980

HARNAM SINGH AND ANRS Appellant
VERSUS
KAUSHALYA DEVI AND ANRS Respondents

JUDGEMENT

- (1.) Harnam Singh etc. alleged tenants have filed the revision petition against the order of the Appellate Authority, Bhatinda, dated November 9, 1973, whereby the order of the Rent Controller their ejectment was affirmed.
(2.) Briefly, the case of Smt. Kaushalya Devi etc. landlords is that they purchased the property in dispute from rehabilitation authorities for Rs. 8,277/-. Harnam Singh etc. occupied the same as lessees under the Custodian. It is alleged that after they purchased the property the said persons became tenant under them by operation of law. They filed an application for the ejectment inter alias on the ground that the respondents had not paid the arrears of rent since October 1, 1955. The application was resisted by the respondents who controverted the allegations of the petitioners. They inter alias pleaded that there was no relationship of landlord and tenant between the parties. They took other pleas but those are not necessary for the disposal of the present revision.
(3.) The learned Rent Controller gave a finding that there was a relationship of landlord and tenant between the parties and that the respondents did not tender the arrears of rent. Consequently, he ordered the ejectment of the respondents. They went up in appeal before the Appellate Authority who affirmed the finding of the learned Rent Controller and dismissed the same. They have come up in revision against that order to this Court. It is contended by the learned counsel for the petitioners that the authorities below erroneously came to the conclusion that there was relationship of landlord and tenant between the parties. He submits that according to the allegation of the landlords, the tenants (now the petitioners in the revision petition) became tenants by operation of law. He argues that in the aforesaid circumstances, it cannot be said that they were the tenants under the respondents in the revision petition. In support of his contention, he has placed reliance on Gurcharan Singh v. Shri Devki Nandan and another, 1970 CurLJ 49.;


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