In a petition against eviction, the Court declined to record findings on title or tenancy. Since the relationship was disputed, the Court dismissed the revision and permitted the petitioner to file a civil suit to prove ownership.
Revision petition disposed; petitioner permitted to file civil suit to prove title.
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Civil Revision No.61 OF 2008 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No.61 OF 2008 (O&M) Date of Order:11.07.2018
Atma Singh
..Petitioner
Versus
Parshotam Kumar and others
..Respondents
CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL
Present: Mr. Jasmail Singh Brar, Advocate, for the petitioner.
Mr. I.S.Mann, Advocate for the respondents.
ANIL KSHETARPAL, J(Oral)
Landlord-petitioner is in the revision petition against the order passed by the learned Rent Controller, dismissing the eviction petition, which has been affirmed in appeal by the learned Appellate Authority, Muktsar.
In the present case, the alleged tenant, namely, respondents and particularly respondent no.1, who continues in possession of the property after the death of his father has denied not only the relationship of landlord and tenant between the parties but has also disputed ownership of the petitioner. In such circumstances, both the courts have held that no order of eviction can be passed.
Since, in the present proceedings, it would not be appropriate
for the court to record a finding with regard to title of the petitioner herein
Naresh Kumar 2018.07.23 12:35 I attest to the accuracy and integrity of this document Chandigarh
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Civil Revision No.61 OF 2008 (O&M)
and pass any order particularly when the relationship of the landlord and tenant is disputed. It would be more appropriate if the petitioner is permitted to file civil suit, wherein he would get an opportunity to prove his title.
Learned counsel for the respondents also does not have any objection if the petitioner is permitted to file civil suit.
Needless to observe that civil court in a suit which may be filed, would be entitled to arrive at an independent finding on the basis of evidence led by the parties un-influenced by the findings of the Rent Controller or the Appellate Authority.
With these observations, the revision petition is disposed of.
July 11, 2018 (ANIL KSHETARPAL) nt JUDGE
Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Naresh Kumar 2018.07.23 12:35 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether eviction order can be passed where ownership and landlord-tenant relationship is disputed.
Whether the petitioner can file a civil suit to determine title before eviction proceedings continue.
Atma Singh
Parshotam Kumar
Anil Kshetarpal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
