CR No.1941 of 2010 1 IN THE HIGH OF PUNJAB AND HARYANA AT CHANDIGARH CR No.1941 of 2010 Date of Decision: 27.07.2010 Nimit Kumar ..Petitioner Vs. Rakesh Kumar Vats ..Respondent Coram: Hon'ble Mr. Justice Vinod K.Sharma Present: Mr.Sameer Sachdeva, Advocate, for the petitioner. Mr.Tribhawan Singla, Advocate, for the respondent. Vinod K.Sharma,J. (Oral) Learned counsel appearing on behalf of the petitioner on instructions stated at bar that the petitioner does not claim tenancy over the premises, as he is claiming to be the co-owner and contends that by treating the petitioner as sub-tenant, the petition before the learned Rent Controller is not competent, as remedy with the respondent is to file a civil suit, in view of the law laid down by Hon'ble Supreme Court of India in the cases of Om Parkash Vs. Ram Kumar 1991 (1) RCR (Rent) 354 and judgment of Hon'ble Delhi High Court in the case of All India Tibbi Conference & Anr.Vs. Hajio Mohd.Shafi 2005 (2) RCR (Rent) 701. In view of the stand taken by the learned counsel for the petitioner, learned counsel for the respondent concedes, that the impugned order be set aside and his rent petition be rejected, with liberty to file a suit for possession. In view of the stand taken by the parties, revision petition is allowed. Impugned order is set aside. Petition field by the respondent is rejected being not competent, with liberty to the respondent to avail his remedy in the civil court in accordance with law. 27.07.2010 (Vinod K.Sharma) rp Judge