Denial of the landlord-tenant relationship despite evidence of a rent note and regular rent payments renders the tenant liable for ejectment and precludes the opportunity to deposit arrears of rent.

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-petitioner to deposit the arrears of rent.

2. Mr. G.S. Sandhawalia, learned counsel for the petitioner, has argued that in the instant case, the protection accorded to the tenant by framing an assessment order in pursuance of the judgment in Rakesh Wadhawans case (supra) could not be denied merely because the relationship has been denied by the tenant-petitioner. According to the learned counsel the tenant-petitioner has been paying rent to Banarsi Dass, father of the landlord-respondent. According to the learned counsel, the tenant-petitioner has produced on record the receipts of rent paid to Banarsi Dass, father of the landlord-petitioner. He has further submitted that in any case the opportunity in pursuance of the judgment in Rakesh Wadhawans case (supra) should have been afforded to the tenant-petitioner after the findings are recorded by the Rent Controller that there is relationship of landlord and tenant between the parties and an assessment order should have been framed calling upon the tenant-petitioner to make payment of rent, failing which he was to face ejectment. In support of his submissions, the learned counsel has placed on reliance on two judgments of the Supreme Court in Sheela and Ors. v. Firm Prahlad Rai Prem Prapagh, (2002-2)131 P.L.R. 66 and Rakesh Wadhawans case (supra).

3. Having heard the learned counsel at a considerable length, I am of the considered view that this petition is devoid of any merit because it has been proved on record that the tenant-petitioner had executed Rent Note Exhibit A-l vide which the tenant petitioner had taken on rent the demised premises from the landlord-respondent at the rate of Rs.750/- per month on 18.4.1995. The rent note is duly signed by him. In support of the rent note, AW-1 Kapil Chopra, who had scribed the rent note, was produced. He had duly proved the execution of the rent note by the landlord in favour of the tenant-petitioner. Same stand has been taken by the landlord-respondent when he himself appeared as his own witness. Even the execution of the rent note by the tenant-petitioner has not been denied. The tenant-petitioner has admitted to have signed the rent note in his cross-examination. On the basis of the aforementioned evidence, it has been found that the rent note was duly executed between the parties. The relationship of landlord and tenant is substantiated from the accounts statement from their bank accounts. Surjit Singh, Clerk, Oriental Bank of Commerce, Sirhind AW-3 has proved the Account Opening Form of the tenant-petitioner and copy of the statement of account has been proved as Exhibit A-4 which shows that several cheques had been issued in favour of landlord-respondent for an amount of Rs.750/- which have been debited from the account of the tenant-petitioner and thos