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ASHOK KUMAR GAUR
Nandkishore Bhardwaj Son of Shri Manohar Lal – Appellant
Versus
Shoorveer Singh Son of Shri Jagat Singh Bhandari – Respondent
Order
1. This writ petition has been filed by the petitioner, challenging the order dated 18.08.2015, passed by the Rent Tribunal, Jaipur, and the order dated 01.06.2016, passed by Rent Appellate Tribunal, Jaipur, dismissing the appeal preferred by the petitioner.The brief facts of the case are that the respondent filed an application under Section 9 of the Rent Control Act, 2001, for eviction of the premise-residential house, on the ground of, default in payment of rent. The application of the respondent was allowed by the Rent Eviction Tribunal, holding that there was a relationship of landlord and tenant and as such, the petitioner was directed to hand over the possession of the property-residential house within three months from the order and further the arrears of rent of Rs. 43,200/- alongwith interest @ 6% per annum, was also required to be paid by the petitioner.
2. The petitioner felt aggrieved against the order dated 18.08.2015, and he preferred appeal before the Appellate Forum and his appeal has also been dismissed by order dated 01.06.2016.
3. Learned counsel for the petitioner submitted that the issue of landlord and tenant relationship, has wrongly been decided by both
The court affirmed that the petitioner failed to establish a landlord-tenant relationship, leading to the dismissal of the writ petition.
Ownership issues cannot be determined in eviction suits, and certified copies of public documents are admissible in evidence.
Tenants cannot challenge the landlord's title in eviction proceedings; only the landlord-tenant relationship is relevant under the Chhattisgarh Rent Control Act, 2011.
Ownership does not automatically establish a landlord-tenant relationship without evidence of rent agreements or payments, as confirmed by the Chhattisgarh Rent Control Act, 2011.
It is settled law that, if no document evidencing fact of tenancy is given and if it is an oral tenancy, same has to be considered on merits.
The court established that a valid tenant-landlord relationship must be evidenced by clear documentation and payment history, which was lacking in this case.
Eviction under the East Punjab Urban Rent Restriction Act requires only prima facie proof of title, which was established by the landlord through a gift deed amid claims of necessity for accommodatio....
Ownership issues cannot be adjudicated in eviction suits; certified copies of public documents are admissible as evidence.
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