Revision against Rent Controller order denying landlord-tenant relationship due to lack of proof. Court held petitioner prima facie landlord based on will, transfer deed, and rent payments. Order remanded to Commissioner to assess provisional rent.
Impugned order set aside; matter remanded to Rent Controller for assessment of provisional rent.
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C.R.No. 2224 of 2011 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.R.No. 2224 of 2011 (O&M) Date of Decision 13.05.2011
Harmandeep Singh Bedi
Petitioner.
Versus
Navdeep Singh
Respondent.
CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
Present:- Mr. Bharat Bir Singh Sobti, Advocate, for the petitioner. None for the respondent.
RAKESH KUMAR JAIN, J. (ORAL)
This revision is directed against the order dated 18.10.2010 passed by learned Rent Controller, Ludhiana vide which he has declined to assess the provisional rent on the ground that the relationship of the landlord and tenant has been denied by the tenant. Learned counsel for the petitioner has submitted that the demised premises was let out by Smt. Surinder Kaur to the tenant who had executed a registered Will dated 5.2.2004 in favour of the present petitioner. The testator had died on 25.6.2010. Thus, the petitioner became the owner/landlord of the demised premises. Even the transfer deed had already been executed in his favour on 30.10.2009. Learned counsel for the petitioner has submitted that these facts have not been taken into consideration by the learned Rent Controller. Therefore, the impugned order is quite illegal.
C.R.No. 2224 of 2011 (O&M)
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No one has put in appearance on behalf of the respondent.
After hearing learned counsel for the petitioner and keeping in view the facts and circumstances of the present case, it is clear that the demised premises was let out by the grand-mother of the petitioner, who had bequeathed the demised premises by way of registered Will. Moreover, the right of ownership had already been conferred vide transfer deed dated 30.10.2009. The tenant had also been directly paying the rent to the petitioner. Therefore,the petitioner is, prima face, held to be landlord of the tenant-respondent.
In view thereof, the impugned order is set aside and the matter is remanded back to the learned Rent Controller, Ludhiana directing him to pass provisional order of assessment of rent in accordance with law.
13.05.2011 Anoop
(RAKESH KUMAR JAIN) JUDGE
1 issue framed by the court
Whether the petitioner is prima facie the landlord of the tenant given the bequest of premises via will and execution of transfer deed.
Harmandeep Singh Bedi
Navdeep Singh
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
