- (1.) THIS is landlord's revision arising out of the order of the lower appellate court refusing to determine the provisional rent on the ground that the landlord has failed to produce any evidence of relationship of landlord and tenant between the parties.
(2.) IT has been held by a Division Bench of this Court in Mst. Tulsi Vs. Sachhanand (DB Civil Revision Petition No. 79/79 decided on 20. 09. 1989) that the court is entitled to give a prima facie finding about the relationship of landlord and tenant between the parties and if the finding is recorded that this is a relationship then provisional rent can be fixed and not other wise. In this case, the landlord has not produced any material for recording such a finding. It was argued on behalf of the landlord's counsel that in every case provisional rent has to be determined by a court even if the landlord is not able to prima facie establish the relationship of landlord and tenant. In view of the Division Bench Judgement, this argument cannot prevail. The Division Bench appears to have taken a just decision so that prima facie finding about the relationship being in existence, an order for determination of provisional rent should be made and not otherwise. Accordingly, the revision is without merit and is dismissed. Anything said in this order will not stand in way of the ultimate decision of the case and in determining relationship of landlord and tenant. The finding is recorded only for disposal of matter about determination of provisional rent. .;