414 CR No04730 of 2003 1 P IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR NoA730 of 2003 DateofDecisionl280051010 1 0 DrAnupAbrol etitioner 1 C Vs I C5 Ram Murti espondent I 1 Z CORAM1 iONBLE MRJOSTICE VINOD KSHARMA 1 c I a5 Presenl lvlr 1CSDadlval Advocatc A for theappellant 7 Z MrGSSandhawalia Advocale forthe Vinod ICSharmaJe This is tenants revision againstthe judgmcntpassedby the learned Rent Cotltrollel dated 262001 as amnncd by the learned AppellateAuthorityordcring evictlOIl of the petitioner froin lhe prcmiscsin clisputC The petitionerwas inducted as a lcnant by tlle wef 401985 at a monthly rent ofRsl 10017upees one thousandand one hundredonlyl lt was agreedthal tlle rent would be Rani Anita 2012.08.09 12: 12 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:23 I attest to the accuracy and integrity of this document 415 CR NoA730 of 2003 2 1 enhanced by 5 per cent w 1ll988 and thus the tenancy weO 1111988 becaIne at the rate of Rs11501e lpees one thousand one hundredand Oflyonly9The eviction was soughton the groundof nona of rent and also on the groundthat the value of the propenyhas beentnaterially effected 1 r The petitiollwas contestedby the petitionerby denyingthe 0 of landlord and tenant C4 The petitionerclaimed to be the direct tenant under Punjab I C5 Wakf Board I LearnedRent Controller on ofevidencerecordeda Z Ondingthat the petitioner was tenant of and therefore tllere r existed of landlord and tenant lt was admittedthat tenailt was I in arrears ofrent 06 m No opportunity was to be givento the petitioner for e 7 of rent at this stage as the has chosen to denythe Z oflandlord and tenant tl In view of he findingreferredto above and also in view of tlle fact that thepetitioner had denied the title of his Iandlord the IearnedRcnt Controller orderedthe eviction ofthe petitioner In appeallearnedappellate authority afflrmed the order of the IearnedRent Controller It is not disputethat the SUit flled by the plaintiffclaiining tenancyunderthe WakfBoard was also decided against him This revision was orderedto be heardalongwith RSA N02578 Rani Anita 2012.08.09 12: 12 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:23 I attest to the accuracy and integrity of this document 416 CR No4730 of 2003 8 J of 2002 titled Mls Ram Murti Sons Q Anr Vs PunjabWakf Board 8 Or Though theappealOled bythe standsdismissedby thiscourt still in the suit it was held that the petitioner was tenant under the he could not claiin direct tenancyunderthe WakfBoard without m r handing over the to his Iandlord 140 0 It is not in dispute that the rent was not paid therefore 11 C flndingno ment in this revision petition it is dismissed I C5 I lls Vinod KSharmal Z 2V00502010 Judge rp C I a5 m 7 Z tl b Rani Anita 2012.08.09 12: 12 True Scanned Copy of the Original PHHC, Chandigarh JOYTI RANI 2016.03.28 16:23 I attest to the accuracy and integrity of this document