L.N.MITTAL - (1.) CM No.10389-CII of 2012 Allowed as prayed for. CM No.10390-CII of 2012 The application is allowed and Annexures P-5 to P-9 are taken on record, subject to all just exceptions. CR No.2059 of 2012
(2.) LANDLORD Man Singh has filed this revision petition under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (in short, the Act) assailing order dated 01.02.2012 passed by learned Rent Controller, Ambala, thereby dismissing application Annexure P-4 moved by landlord- petitioner for ordering ejectment of respondent-tenant from the demised shop due to non-payment of provisional rent assessed by Rent Controller vide order dated 28.11.2011 Annexure P-1. Respondent Avtar Singh, against whom the ejectment petition has been filed alleging that he is tenant in the demised shop has, however, in his written statement denied the relationship of landlord and tenant between the parties and has pleaded that he is owner of the suit property by virtue of family partition.
(3.) RENT Controller vide order Annexure P-1 assessed provisional rent of the demised shop as claimed by the landlord-petitioner and also calculated interest. However, respondent did not tender the said amount of provisional rent and interest. Thereupon landlord-petitioner filed application Annexure P-4 for ordering ejectment of the tenant-respondent from the demised shop on the ground of non-payment of provisional rent and interest. The said application has been dismissed by the RENT Controller vide order dated 01.02.2012, which is under challenge in this revision petition.;