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PUSHPENDRA SINGH BHATI
Bhati Udhyog, Through Its Partner Shri Bhopal Singh – Appellant
Versus
Sunita Panwar W/o Shri Ashok Kumar – Respondent
Judgment
1. This civil writ petition under Article 226 of the Constitution of India has been preferred claiming the following reliefs:
i. by an appropriate writ order or direction, an Order dated 25.07.2022 (Annex.6) and 21.10.2022 (Annex.8) may be declared declared illegal and be quashed and set aside.
(ii) by an appropriate writ, order or direction, an objection petition (Annex.1) may kindly be allowed.
(iii) Any other relief which this Hon'ble court deems appropriate and genuine may kindly be granted in favour of the petitioners.
(iv) Cost of the writ petition may kindly be awarded to the petitioners".
2. Brief facts of this case, as placed before this Court by learned counsel for the petitioner, are that the petitioner acquired the disputed premises in the year 1974 from one Smt. Bhanwari Devi W/o Shri Ramdeo as a partner of partnership firm. The petitioner paid the monthly rent of the disputed premises to Smt. Bhanwari Devi, and after her death, the monthly rent had been given to Shri Ashok kumar (husband of
The court established that a valid tenant-landlord relationship must be evidenced by clear documentation and payment history, which was lacking in this case.
The landlord and tenant relationship is established when rent is received, and the question of ownership is not required to be determined in eviction cases under the Act of 2001.
The court affirmed that the petitioner failed to establish a landlord-tenant relationship, leading to the dismissal of the writ petition.
The definition of 'landlord' under the Rajasthan Rent Control Act, 2001 includes any person receiving or entitled to receive rent, regardless of ownership transfer.
A party not involved in eviction proceedings cannot challenge the decree, and the burden of proof lies on the objector to establish ownership and tenancy.
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