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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Jatinder Kumar – Appellant
Versus
Balwant Singh – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
Challenge in the present revision petition is to the judgment dated 11.03.2024 vide which the Rent Controller has allowed the eviction petition filed by the respondents. Challenge is also to the order dated 14.08.2024 vide which the appeal filed by the petitioner against the said judgment has been dismissed by the Appellate Authority, Ludhiana.
2. Learned counsel for the petitioner has submitted that there was no relationship of landlord and tenant between the present petitioner and the respondents and that the petitioner had illegally occupied the premises and was in adverse possession of the same. It is submitted that in the said circumstances, since there was no relationship between the landlord and tenant, thus the Rent Authority under the Rent Act had no right to pass the order of eviction and thus, the impugned order and judgment deserve to be set aside and the eviction petition filed by the respondents deserves to be dismissed.
3. This Court has heard the learned counsel for the petitioner and has perused the paper book and finds that the pleas raised by the petitioner are meritless and deserve to be dismissed for the reasons given hereinafter.
4.
The eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
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.
The landlord's right to evict based on personal necessity is upheld when legal ownership and bona fides are established, with eviction supported by preceding legal documents.
The tenant's conduct amounted to misuse, and failure to pay provisional rent led to the orders of eviction being upheld.
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.
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