High Court of Punjab and Haryana, Chandigarh
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M/s Daulat Ram and Another v. Tara Chand and Ors - CR-11-2007  RD-P&H 12678 (15 December 2006)
C.R.No.11 of 2007
DATE OF ORDER: 8.1.2007
M/s Daulat Ram and Another
Tara Chand and Others
CORUM : HON'BLE MR. JUSTICE M.M. AGGARWAL .*.*.*.
Present: Mr. Kul Bhushan Sharma, Advocate.
This is petition against order dated 14.12.2006 passed by Civil Judge(Junior Division), Rewari-cum-Rent Controller whereby request of the tenant i.e the present petitioners for framing additional issues was declined.
The additional issues to be framed were as follows: i) What is the rate of rent of the disputed property? OPP ii)Whether there is a relationship of landlord and tenant between the parties?OPP
The issues already framed are as under:
i) Whether there is sub-letting by the respondent No.1 to respondent No.2?OPA
ii)Whether the applicant requires the demised shop for his personal use and occupation?OPA
C.R.No.11 of 2007 #2#
iii) Whether the applicant has no locus standi to file the present suit?OPR
iv) Whether the application is not maintainable in the present form?OPR
Rent Controller vide declining the prayer of the present petitioners had observed that issue No.1 already framed itself covered the additional issues, which are sought to be framed. It had also been observed that the evidence of the landlord is already over and then application was made by the tenant after he had availed of seven opportunities.
Counsel for the petitioners argues that it was the duty of the Court to frame proper issues. He has relied on judgments of this Court reported in Sher Singh v. General Public, 2001(3) RCR (Civil) 780 and Rajinder Tandon v. Thomas Nasir Masih, 1999(1) RCR (Civil) 539 and K.N. Palaniswamy v. P. Subramanian, Madras High Court, 2005(2) RCR (Civil) 224.
When a rent petition is filed, it will always be for the landlord to prove the relationship of landlord and tenant between the parties. Rent Controller had itself observed that issue No.1 covers the additional issue as prayed.
I do not find any good ground to interfere.
January 08, 2007 ( M.M. AGGARWAL )
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