Rent query with case law needed
Munish Kumar Garg
(Querist) 07 December 2011
This query is : Resolved
1. That in this case A claiming himself to be landlord of a shop filed eviction petition against B alleging him as his tenant on the ground of arrears of rent. B disputed the relationship of landlord and tenant alleging that he never took the tenanted premises on rent from A and he is not in possession of tenanted premises and the alleged rent note produced by A is false and bogus documents and not binding on him. Despite denial of relationship the rent controller assessed provisional rent, interest and costs and the same was not tendered /paid by B to A. Thereafter without recording any evidence of A regarding proving of relationship of landlord and tenant the Rent Controller passed out rightly eviction order on the basis of a Judgment of Punjab and Haryana High Court, Chandigarh.
2. Mother of B claiming herself to be in possession of demised premises stating that her husband had taken shop in dispute on rent for the last 20 years and now he is untraced for the last one year and she is in possession of shop in dispute. She has further alleged that B is not residing with her and her husband and B has no concern with the shop in dispute and the eviction order is not binding on her.
3. Whether mother of B, not a party in the eviction petition under Section 13 of Haryana Urban (Control of Rent and Eviction) Act, 1973, can challenge the legality of Eviction order passed by Rent Controller in a suit for declaration alleging that the eviction order is illegal, null and void, without jurisdiction, against principal of natural justice.
Give legal opinion and authority, if any, for and against.
ajay sethi
(Expert) 07 December 2011
if mother of B says her husband has been tenant of shop premises for 20 years does she have the rent receipts?
what are the averments in eviction petition as to how B became a tenant ?
if mother has the rent receipts then eviction suit should have been filed against father of B
Munish Kumar Garg
(Querist) 07 December 2011
Mother of B have some of rent receipts which shows her husband as a tenant. Police investigation in a complaint also reveals the possession of husband of Mother of B.
In the eviction petition it is pleaded that B has executed rent note 6 years ago but B has disputed and denied about the said rent note alleging the same as forged and false document. The said rent note is not registered one nor proved by way of any evidence in eviction petition by A.
No eviction petition has been filed by A against father of B or mother of B and no eviction order has been passed against father or mother of B.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 07 December 2011
