Allowed

Balbir Singh Bhatia v. Mr. Ramesh Arya

Punjab & Haryana HC4 Dec 2008CR/6718/2008

Case brief

AI extract

What is this about?

The High Court allowed a revision petition challenging the dismissal of a preliminary eviction application. The Court held that since the petitioner must first prove he is the owner/landlord, the rent controller correctly deferred eviction proceedings pending evidence. The eviction petition was remanded to be decided within one year.

What did the court decide?

Petition allowed. The eviction petition must be decided by the Rent Controller within one year.

Balbir Singh Bhatia Vs Mr. Ramesh Arya — Landlord and Tenant | Punjab & Haryana HC (2008)

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Civil Revision No. 6718 of 2008

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In the High Court of Punjab and Haryana, at Chandigarh.

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Civil Revision No. 6718 of 2008

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Date of Decision: 4.12.2008

Balbir Singh

…Petitioner

Versus

Ramesh Arya

... Respondent

CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.

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Present: Mr. Jagdish Manchanda, Advocate for the petitioner.

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Kanwaljit Singh Ahluwalia, J. (Oral)

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Learned Rent Controller has very rightly held as under:-

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“...The petitioner mentioned in para no.1 of the petition that the respondent made agreement with Sant Ram Bhatia for rent and petitioner filed photo copy of rent deed dated 30.7.2007 executed between Sant Ram Bhatia and Ramesh Arya present respondent. Now the question arises whether there is relationship of landlord and tenant between the parties or not, the same would be decided by producing cogent and convincing evidence by both the parties. At this stage, if rent is not paid by the respondent, the adverse inference would be drawn at the time of final conclusion of

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Civil Revision No. 6718 of 2008

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present petition as evidence of both the parties is necessary before deciding the controversy between the parties regarding payment of rent to the owner of landlord. Hence, the application moved by the petitioner at this stage is hereby dismissed”.

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Since the petitioner has to first lead evidence to prove himself to be owner and landlord of the property, therefore, the course adopted by learned Rent Controller is just and appropriate.

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However, taking into consideration the fact that in case later petitioner is found to be owner and landlord, he is not deprived of the rent, which according to him is Rs.1,800/- per month, it is ordered that eviction petition be decided by learned Rent Controller within one year from today.

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Therefore, in view of the observations made above, present revision petition is disposed off.

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(Kanwaljit Singh Ahluwalia) Judge

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December 4, 2008 “ DK ”

Balbir Singh Bhatia v. Mr. Ramesh Arya

Case brief

What is this about?

What did the court decide?

Balbir Singh Bhatia v. Mr. Ramesh Arya

Case brief

What is this about?

What did the court decide?

What the court decided

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