M.M.Kumar, J.

1. This is tenants petition filed Under Section 15(5) of the East Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) challenging concurrent findings of fact recorded by both the courts below holding that the tenant-petitioner is liable to be ejected from the demised premises on the ground of non-payment of rent. Both the courts below have found that the tenant-petitioner is in arrears of rent since 1.4.1999. It has further been held that relationship of landlord and tenant existed between the parties and that the judgment of the Supreme Court in Rakesh Wadhawan and Ors. v. Jagdamba Industrial Corporation and Ors., (2002-2)131 P.L.R. 370 would not be applicable as the tenant-petitioner had denied the relationship of landlord and tenant. Reliance has been placed on two judgments of this Court in the cases of Ramanand Shastri v. Gian Singh,2 2003(3) Civil Court Cases 62 and Hukama Devi v. Bhagwan Dass,3 (2003-2)134 P.L.R. 371, wherein it has been held that when the tenant has denied the relationship of landlord and tenant, then the Rent Controller would be under no obligation to pass an assessment order granting an opportunity to the tenant-pet