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2020 Supreme(P&H) 876

ANIL KSHETARPAL
Anup Trehan – Appellant
Versus
Devi Sahai S. d. Senior Secondary School, Jalandhar – Respondent


Advocates Appeared:
Mr. Manuj Nagrath, Advocate for the Appellant; Mr. H.K. Aurora, Advocate for the respondent

JUDGMENT

Anil Kshetarpal, J. (Oral) - Tenant-petitioner has filed the present revision petition against the order of eviction passed by the learned Rent Controller, affirmed in appeal by the Appellate Authority.

2. Respondent-landlord-Senior Secondary School, has filed the present eviction proceedings claiming eviction on the ground that the tenant has failed to pay the rent from 10.06.2002 to 10.11.2005. In the first written statement filed by the tenant, the petitioner in para 3 of the preliminary objections stated that there is no relationship of landlord and tenant between the petitioner and the respondent. However, in para 2 on merits, it was stated as under:-

    "2, That para No. 2 of the petition is wrong and denied. As soon as the respondent came to know that the petitioner was not the lawful owner/landlord of the property in dispute, he stopped paying the rent. The petitioner has no locus standi to file the present petition nor any cause of action has arisen in favour of the petitioner to file the present petition which is false and vexatious and abuse of the process of the Court. The petition is liable to be dismissed."

    3. Subsequently, written statement was permitted to be a

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