- (1.) IN Rent case No. 118 filed on 28th July, 1981 learned Rent Controller vide his order dated 19th May, 1982 ordered ejectment of the respondent Jia Lal from the tenancy premises in dispute situated in Mohalla Ashok Nagar of Hoshiar pur district on the grounds of default in payment of rent and house tax. In Rent Appeal No. 22 of 1982 decided on 19th August, 1983 learned Appellate Authority reversed the ejectment order on the ground that relationship of landlord and tenant between parties was not, proved. The landlord petitioner has filed Civil Revision No. 2907 of 1983 for reversal of the order of the learned appellate authority and restoration of the ejectment order passed by the learned Rent Controller.
(2.) I have heard Shri Gurdial Singh, Advocate, for the petitioner. Shri T. S. Gujral, Advocate, for the respondent and have carefully gone through the relevant material on record.
(3.) AS erroneous presumption of the existence of relationship of landlord and tenant between the parties was drawn by the learned Rent Controller from the ownership entries qua the property in dispute being in favour of-petitioner-landlord in House Tax Register maintained by Municipal Committee, Hoshiarpur, even though the respondent was not recorded therein as tenant of the property in dispute. Learned Appellate Authority, therefore, rightly held that merely because on 13th September, 1980 respondent asked for time upto 16th September, 1980 for tendering the arrears of rent, an inference of the existence of relationship of landlord and tenant between the parties could not be drawn therefrom because arrears of rent claimed by the landlord are generally tendered by the tenants even though these may not be due from them, only to protect themselves against ejectment and thereafter the tenants claim adjustment of these amounts so paid towards future rent/damages etc. etc. ; in case the same are not found due on the date of the tender. Present revision is thus wholly without merit and is consequently dismissed.;