KEWAL SONS Vs. SAJJAN KAUR
LAWS(P&H)-1994-9-97
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 02,1994

Kewal Sons Appellant
VERSUS
Sajjan Kaur Respondents

JUDGEMENT

G.C.GARG, J. - (1.) BY order dated May 10, 1994 learned Rent Controller permitted the landlady to produce certified copies of eviction application and tender statement made by the tenant-petitioner in a connected case and also ordered summoning of the file of the said case. It is how this revision came to be filed at the instance of the tenant.
(2.) LEARNED counsel for the parties were heard at some length. Case of the landlady before the Rent Controller was that there was a relationship of landlord and tenant between her and M/s. S.N. Podar and Company. In order to succeed in the eviction application, it is for the landlady to prove that there was a relationship of landlord and tenant between her and M/s. S.N. Podar and Company. Production of certified copies of the eviction application and the tender statement in the connected eviction application and the summoning of the file of that case is not at all relevant for disposal of the present eviction petition or the controversy between the parties. The dispute is limited in this case, namely, whether there is a relationship of landlord and tenant between the landlady and respondent No. 8 herein. In this view of the matter, I am of the view that learned Rent Controller acted illegally and with material irregularity in allowing the prayer of the landlord to produce certified copies of the documents and summoning of the file of the connected case. Resultantly, this revision is allowed and the order under revision is set aside. Learned Rent Controller will now proceed to dispose of the eviction petition in accordance with law.;


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