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2003 Supreme(P&H) 918

JAGDISH SINGH KHEHAR
Kailash Wati – Appellant
Versus
Badri – Respondent


Judgment

J.S.Khehar, J.

1. The petitioner before this Court for reasons of convenience is being described as the petitioner-landlady. She claims to be the owner of the land in question. She did filed an ejectment application under Section 13 of the East Punjab Urban Rent Restriction Act, wherein she sought ejectment of the respondent/tenant-Badri on two counts. First, non-payment of rent for the period from 1.1.1978 to 17.10.1981. And secondly, that the petitioner requires the plot in question for her own use and occupation. It would be pertinent to mention that the respondent/tenant opposed the ejectment application by adopting the stance that he himself was the owner of the plot in question and further that there was no relationship of landlord and tenant between the parties.

2. The Rent Controller by his order dated 21.4.1985, (while deciding Issue No. 2), arrived at a conclusion that there was a subsisting relationship of landlord and tenant between the parties. Having arrived at the aforesaid conclusion, the Rent Controller ordered the ejectment of the respondent/tenant-Badri by concluding that the tenant had not paid arrears of rent w.e.f. 1.1.1978 to 17.10.1981 and also on ac





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