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TRIBHUVAN DAHIYA
Sudarshan Mahajan – Appellant
Versus
Sahibpreet Singh – Respondent
JUDGMENT
Tribhuvan Dahiya, J. - This is petitioner/tenant's revision petition under Section 15 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Rent Act') for setting aside the order of eviction passed by Rent Controller dated 16.02.2019 as well as the order of the Appellate Authority dismissing the tenant's appeal vide order dated 21.12.2021.
2. The respondent No.1/landlord filed ejectment petition with respect to the premises in question, i.e., shop on ground floor of property No.80, 486/1-6 Katra Jaimal Singh Amritsar, as detailed in the petition. The shop was let out to the tenants by the erstwhile landladies Munisha wife of Anil Kumar Khurana and Kamal wife of Kishore Chand Khurana at the rate of Rs.500/- per month. The tenancy was oral, accompanied by delivery of possession. To reduce the terms thereof in writing, a rent note dated 10.03.2000 was executed by the tenant in favour of the landladies. The date of commencement of tenancy was 01.03.2000 for a period of eleven months. Later on, one of the landladies, Kamal wife of Kishore Chand
The main legal point established in the judgment is the principle of estoppel, where the tenant's acceptance of the landlord's ownership through various actions and documents led to the dismissal of ....
Ownership issues cannot be determined in eviction suits, and certified copies of public documents are admissible in evidence.
Tenants cannot challenge the landlord's title in eviction proceedings; only the landlord-tenant relationship is relevant under the Chhattisgarh Rent Control Act, 2011.
The court has the jurisdiction to examine the bonafide or malafide denial of title by the tenant and can go into the question of title. An unregistered agreement of sale does not confer any right, ti....
Ownership issues cannot be adjudicated in eviction suits; certified copies of public documents are admissible as evidence.
An Agreement to Sell or Power of Attorney does not constitute valid ownership transfer under property laws; the landlord retains rights to evict tenants based on bona fide needs.
The Trial Court had the jurisdiction to adjudicate the claim of the Petitioners with respect to alleged ownership of the tenanted premises on the basis of unregistered Will, and the non-filing of a p....
A landlord under the East Punjab Urban Rent Restrictions Act can seek eviction for non-payment of rent and bonafide necessity, regardless of ownership status, as long as the landlord-tenant relations....
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