- (1.) The petitioner, a Joint Hindu family firm known as Ved Parkash and sons, filed an application before the Rent Controller, Jullundur, under section 4 of the East Punjab Urban Rent Restriction Act for the fixation of fair rent of the shop situated out side Mai Hiran Gate, Jullundur City. The application was resisted by the respondents. Various objections were taking and the following issues were framed by the Rent Controller : 1. Whether there is relationship of landlord and tenant between the parties? 2. Whether the petitioner firm are trespassers over the property in dispute? 3. What is the basic and what is the fair rent? 4. Whether the provisions of E. P. Urban Rent Restriction Act do not apply to the present case? 5. Whether the petitioner firm is a Joint Hindu family firm? If not, its effect? 6. Relief.
(2.) The Rent Controller decided issue No. 1 against the applicant petitioner and gave the finding that there is no relationship of landlord and tenant between the parties and that the present application is not competent. After giving this finding, he also gave finding on issue No. 2 and held that the applicant- petitioner is trespasser. In view of these findings, the application for fixation of fair rent was dismissed.
(3.) Dissatisfied by the order of the Rent Controller, an appeal was filed by the petitioner before the District Judge which is the appellate authority under the Rent Restriction Act. The District Judge dismissed the appeal on a short ground and rightly so that there is a presumption of a Joint Hindu Family but no presumption of Joint Hindu family firm. It has been further held that this fact has to be proved and as the applicant-petitioner has failed to prove the same, the Rent Controller was right that no relationship of landlord and tenant existed. Hence this petition;