J.V.GUPTA,J - (1.) THIS is landlord's revision petition in whose favour eviction order was passed by the Rent Controller, but the same was set aside in appeal.
(2.) THE landlords Captain Sanjiv Passi and Rajiv Passi sought the ejectment of their tenant Santokh Singh from the house, in dispute, on the ground that Captain Sanjiv Passi bonafide required the premises for his use and occupation as he wanted to keep permanent house and his family at Panipat, he being in military service. Sanjiv Passi was married in December, 1980. The ejectment application was filed on October 7, 1982. It was pleaded that the landlords did not own or occupy any other building in the urban area concerned, nor had they vacated any after the coming into force of the Rent Act. The application was contested on the ground that it had been filed in order to put undue pressure and to cause unnecessary harassment. The learned Rent Controller found that the landlord Captain Sanjiv Passi required the premises for his personal use and occupation bonafide. Consequently, the eviction order was passed. In appeal, the Appellate Authority not only reversed the said finding but also came to the conclusion that there was no relationship of landlord and tenant between the parties. As a result, the eviction order was set aside. Dissatisfied with the same, the landlords have come up in revision to this Court. The learned counsel for the petitioners contended that there was no issue as to whether there was any relationship of landlord and tenant between the parties or not and without there being any issue to that effect, no such finding could be given by the Appellate Authority. Moreover, even in the grounds of appeal before the Appellate Authority, no such ground was taken by the tenant.
(3.) AT the time of the motion hearing, it was contended that Shrimati Sanyukita Passi was nor the daughter of Shrimati Vidyawanti, the landlady, but was her daughter-in-law being the widow of Lt. Col. Surjit Singh predeceased son and that the petitioners were the sons of Lt. Col. Surjit Singh. Therefore, even if the will was not proved, the petitioners otherwise have inherited the property after the death of the grandmother.;