Eviction--Tenant denied relationship of landlord and tenant--Rent controller does not require to draw a provisional order of assessment of rent.

Ranjit Singh, J.

1. The landlord and tenant, distantly related to each other, are in second round of litigation before this Court. They are contesting over a tenancy of a piece of land measuring 80 x 25 yards. It may not be very convenient to notice that the rent application is of 1978 and was decided on 26.7.1985 by the Rent Controller, Amritsar. In the present revision, the status of the parties has reversed. The finding of the Rent Controller in favour of the present respondent was. reversed by the Appellate Authority on 2.5.1986, which he impugned by filing Civil Revision No. 2459 of 1986. The said revision petition was partly allowed by this Court on 4.8.2004, restoring the finding of the Rent Controller on issue Nos. 1, 2 and 4 by holding that relationship of a landlord and tenant between the parties was not proved on record and the finding of a Rent Controller on these issues had been wrongly reversed by the lower Appellate Authority. Since issue No. 6 concerning the ejectment of the petitioners had been reversed merely as a sequel to the findings returned on issue Nos. 1 and 2 and had not been examined by the Appellate Authority on merits, this Court had remanded the case back to the Appellate Authority to record its finding on issue No. 6. This time, however, the Appellate Authority has up-held the finding of the Rent Controller on issue No. 6 as well and has directed ejectment of the petitioners from the demised property. Hence, the second round at the instance of the petitioners to impugn the said finding over again.

2. The facts, as would emerge from the pleadings, were noticed in detail while disposing of Civil Revision No. 2459 of 1986 but would need a mention here now to decide the challenge raised by the petitioners against the fresh finding returned by the Appellate Authority.

3. Respondent-landlord had sought eviction of Nand Kishore, the proprietor of Jag-damba Tea Factory, from a portion of the building situated in Khasra No. 2418, outside Ghee Mandi Gate, Bagh Raja Ralia Ram, Amritsar. The eviction was sought on two grounds i.e. non-payment of rent since 1.1.1974 and on the ground of unauthorised addition and alteration having been made in the demised premises, which according to the respondent had damaged the property and had materially diminished its value.

4. Hari Chand and Maharaj Chand originally owned the property in dispute, which was a vacant piece of land, rectangular in shape and measuring 80 x 25 yards. This property was leased to Seth Radha Kishan, father of respondent Parshottam Kishan on 6.8.1935 for 50 years at an annual rate of Rs. 320/-. Lessees was given right to raise construction on the said plot and also to sublet it. Seth Radha Kishan, as such, had raised construction on the land in the form of one shed alongwith office room, which was then sublet to the present petitioners, Jagdamba Tea Factory through Nand Kishore who was none other than his nephew (brothers son) on rent of Rs. 200/- per month. The tenancy was oral and was accompanied by delivery of possession. Seth Radha Kishan died on 12.4.1972, learning behind respondent, Parshotam Lal, as his only son as his legal heir. He had filed the present eviction petition, as already noticed.

5. The present petitioners contested the claim of the respondent. The basic plea raised was that there was no relationship of landlord and tenant between the parties and, thus, respondent Parshotam Kishan had no locus standi to file the eviction petition against the petitioners. The case set-up by the petitioners was that Nand Kishore was a direct tenant under the original owner w.e.f. 1.2.1977 through a duly executed rent note in his favour by owner Maharaj Chand. Nand Kishore also denied if he had paid any rent-either to Radha Kishan or his son Parshotam Kishan at any point of time. On the basis of respective stands of the parties the Rent Controller framed the following issues:

1. Whether there is relationship of landlord and tenant betwee