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ANIL KSHETARPAL
Manju Saini @ Manjit Kaur – Appellant
Versus
Balwinder Kaur – Respondent
JUDGMENT
Mr. Anil Kshetarpal, J.
In this revision petition, the petitioner (tenant) assails the correctness of the concurrent orders passed by the Rent Controlling authorities while refusing to grant her leave to contest.
2. In order to comprehend the issues involved in the present case, the relevant facts, in brief, are required to be noticed.
3. The suit property was purchased in the name of Mahinder Singh in the year 1970. The petitioner (tenant) claims that in fact this property was purchased by her father Sh. Hardial Singh in the name of Sh. Mahinder Singh. On 29.04.1973, Mahinder Singh acknowledged in writing that Sh. Hardial Singh is the owner of the suit property. Subsequently, in the year 1980, Sh. Hardial Singh filed a suit claiming that the property was purchased by him in the name of Sh. Mahinder Singh. It is the case of the petitioner that during the pendency of the aforesaid suit, the parties entered into settlement resulting in withdrawal of the suit. Sh. Mahinder Singh is alleged to have sold the property by virtue of two sale deeds in favour of Sh. Karnail Singh, the respondent's husband. She filed the petition under Section 24 of the Punjab Rent Act, 1995, seeking
The absence of evidence establishing a landlord-tenant relationship necessitates allowing a tenant to contest an eviction petition under the Punjab Rent Act, 1995.
The main legal point established in the judgment is that genuine necessity and ownership rights of the petitioner, along with the provisions of Section 13-B of the Act, justified the grant of possess....
Petitioners failed to establish the landlord-tenant relationship necessary for eviction under the East Punjab Urban Rent Restriction Act, as they could not prove ownership or authorization to collect....
The court affirmed that a registered sale deed is decisive in establishing landlord-tenant relationships, overriding claims based on wills or agreements without proper legal standing.
Ownership does not automatically establish a landlord-tenant relationship without evidence of rent agreements or payments, as confirmed by the Chhattisgarh Rent Control Act, 2011.
The admission made by a tenant regarding the relationship of landlord and tenant is considered as the best evidence, and the question of title is beyond the jurisdiction of the Rent Controller.
Thorough analysis of the grounds disclosed in the tenant's affidavit is essential before granting leave to contest an eviction petition, particularly in cases involving Non-Resident Indian owners see....
The tenant's admission of rent payment to the landlord after the alleged property transfer influenced the court's decision to uphold the eviction.
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