JUDGMENT

Anil Kshetarpal, J. - A serious dispute with regard to inter se title between Sh. Sunil Kumar and his brother Sh.Shiv Kumar, is pending adjudication before this Court. The trial Court has held in favour of Sh.Sunil Kumar (the respondent herein) whereas the First Appellate Court has set aside the same.

2. Previously, the property was owned by late Sh. Ram Lal. Sh.Shiv Kumar and Sh.Sunil Kumar are the grandsons of late Sh.Ram Lal. Initially, Sh.Shiv Kumar had filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the 1973 Act') which was allowed. Thereafter, Sh. Sunil Kumar filed a petition claiming ownership, on the basis of the trial Court's judgment. In the aforesaid petition filed by Sh.Sunil Kumar, the petitioner disputed the relationship of landlord and tenant between him and Sh.Sunil Kumar. In the alternative, he offered to deposit the rent, payable during that time. The Rent Controller proceeded to assess the provisional rent and on account of the non-payment thereof, an order of eviction was passed. The petitioner's appeal has also been dismissed by the Appellate Authority.

3. In Rakesh Wadhawan and