Smt. Kanta Devi vs Kishori Lal and others

J.V. Gupta, J.—This judgment will dispose of Civil Revision Petition Nos. 431 and 633 of 1981, as the question involved is common in both the revision petitions and were disposed of by one judgment of the Appellate Authority dated September 8, 1980.

According to the petitioner, Kanta Devi, Phool Chand, was a contractual tenanat on the demised premises at a monthly rent of Rs. 10/-under Karori Mal, her husband, who died on July 12, 1972. After the death of Karori Mal, she became the owner and the landlady thereof. Meanwhile the original tenant, Phool Chand also died. The respondents Nos. 1 to 6 are the legal heirs of the said Phool Chand. She sought the ejectment of her tenants on the grounds of nonpayment of the arrears of rent form January 10, 1941 till the filing of the ejectment application which was filed in the year 1978, and the subletting of the premises by respondents Nos 1 to 6 to respondents Nos. 7 and 8, without the prior consent of the landlady. The ejectment application was contested on the ground that the applicant was not the owner of the suit property and there was no relationship of landlady and tenants between the parties. However, the learned Rent Controller found that there was the relationship of landlady and tenants between the parties. Since no arrears of rent were paid or tendered on the first date of hearing, the eviction order was passed, against the respondents. In appeal, the learned Appellate Authority reversed the said finding of the Rent Controller and came to the conclusion that there was no relationship of landlady and tenants between the parties. As a result, application was dismissed. Dissatisfied with the same, the landlady has come up in revision to this Court.

The cases were earlier adjourned for a compromise, if possible, between the parties. However, no compromise could be effected by them.

After hearing the learned counsel for the parties, I am of the considered opinion that since the question of title is involved, these are the fit cases where the matter be decided by the civil Court after going into the evidence to be produced before it.

Consequently, both the revision petitions fail and are dismissed with no order as to costs.