Kannu Saini @ Kanu Saini v. M/S Bhim Cloth House

CR-7830-2019 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-7830-2019 Date of Decision: December 18, 2019 Kannu Saini @ Kanu Saini .....Petitioner

Versus

M/s Bhim Cloth House ......Respondent CORAM: HON'BLE MS.JUSTICE NIRMALJIT KAUR

Present:

Mr.K.S.Dadwal, Advocate with Ms.Neha Jain, Advocate for the petitioner.

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NIRMALJIT KAUR, J. (ORAL) The present revision is filed against the impugned order dated 09.05.2016 passed by the Rent Controller whereby the petition filed by the petitioner for ejectment of the shop in dispute was dismissed and the same was confirmed subsequently by the Appellate Authority vide judgment dated 19.08.2019.

It is evident from the impugned orders that the rent petition as well as the appeal against the said order was dismissed on the ground that there was no relationship of landlord and tenant among the parties as the premises in dispute in occupation of the tenant was sold by Hari Chand, Veena Rani, Manjit Kaur and Seeta Devi vide sale deed dated 30.07.2009. Sale-deed was also executed qua two rooms underneath the land measuring 2 marlas in favour of the respondent-tenant, whereas the present petitioner is laying claim on the ground that he had become owner of the same to the extent of 1/3rd on the basis of some registered Will dated 19.08.1999 and, MEENU 2019.12.19 14:22 I attest to the accuracy and authenticity of this document chandigarh

CR-7830-2019 -2therefore, he was co-sharer in the said property to the extent of 1/3rd and he never sold his part of the share to the respondent. The sale-deed is qua the entire property. The petitioner has admittedly not challenged the sale-deed, which was registered way back in the year 2009. Accordingly, no ground to interfere is made out. In fact, the very eviction petition is not maintainable as no tenant-landlord relationship survives any more.

Dismissed.

December 18, 2019 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2019.12.19 14:22 I attest to the accuracy and authenticity of this document chandigarh