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2013 Supreme(P&H) 478

K.Kannan
Surinder Pal Kaur w/o Narinder Singh – Appellant
Versus
Sat Pal s/o Krishan Lal – Respondent


Advocates:
For the Petitioners:Mr. S.S. Dinarpur, Advocate.
For the Respondents: None.

JUDGMENT

Mr. K. Kannan, J. (Oral):- The revision petition challenges the order of the appellate authority that set aside the order of ejectment passed by the Rent Controller. Before the Rent Controller, the revision petitioner sought for ejectment of the tenant contending that the respondent was not paying the rent. The statement in defence by the tenant was that he had taken the property from the petitioner, who was acting as a Manager of the demised property and he was later removed as a Manager and that he was still paying the rent to the subsequent office bearers of the sabha. The Court held that when the property had been granted on lease by the petitioner, the capacity in which he was granted, was irrelevant and for all purposes, he must be taken to be the landlord entitled to collect the rent.

2. In appeal by the tenant, the appellate Court had occasion to consider the fact that in relation to the very same property, among other properties, in proceedings under Section 145 Cr.P.C. pertaining to rival claims in relation to the property to keep peace, the Executive Magistrate had passed an order constituting the Tehsildar, Ambala, to act as a receiver and during the relevant t





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