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High Court of Punjab and HaryanaCR/5768/2016dismissed

Ujagar Singh v. Vijay Sood

2016-09-16Mr. Justice Rajesh Bhardwaj2 pages

CR-5768-2016 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Civil Revision No.5768 of 2016 (O&M) Date of Decision:September 16, 2016.

Ujagar Singh ......PETITIONER(s).

VERSUS

Vijay Sood ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. Sonia Singh Samber, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.

Heard.

Learned counsel for the petitioner submits that the petitioner had denied the relationship of landlord and tenant but while staying the ejectment order passed by the Rent Controller, Appellate Authority has put a condition directing the petitioner to pay the entire arrears of rent and to keep on paying the rent of the subsequent months on or before 10th of every Calendar month. Petitioner moved application seeking rectification of that order to exclude the clause of payment of rent but that was declined vide order dated 05.08.2016.

The Rent Controller vide order dated 10.09.2013 has held the petitioner to be a tenant in demised premises and passed the ejectment order. Even otherwise, the petitioner is not in possession of demised premises in any other capacity except as a tenant. He is disputing the Sachin Mehta 2016.09.22 15:00 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CR-5768-2016 -2relationship of landlord with the respondent on the ground that the property purchased by him does not include the tenanted premises. Being in possession, the petitioner is under all liability to pay the arrears of rent and to pay the rent/mesne profits of each month. The order passed by the Appellate Authority suffers from no infirmity or call for any interference.

This revision petition has no merits.

Dismissed.

( SURINDER GUPTA ) September 16, 2016.

JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Sachin Mehta 2016.09.22 15:00 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH