RAJNISH MAHAJAN. versus JAWAHAR SINGH & ORS.

High Court of Punjab and Haryana, Chandigarh

Indian Supreme Court Cases / Judgements / Legislation

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Rajnish Mahajan. v. Jawahar Singh & Ors. - CR-4518-2006 [2006] RD-P&H 5283 (7 August 2006)

Civil Revision No.4518 of 2006.

In the High Court of Punjab and Haryana at Chandigarh.

Civil Revision No.4518 of 2006.

Date of decision:29.8.2006.

Rajnish Mahajan.

...Petitioner.

Versus

Jawahar Singh and others.

...Respondents.

...

Coram: Hon'ble Mr. Justice S. N. Aggarwal.

...

Present: Mr.Harkesh Manuja Advocate for the petitioner.

...

Judgment.

S. N. Aggarwal, J.

Rajnish Mahajan petitioner is the tenant in shop No.1. The said shop was owned by Gurdeep Kaur who had rented out the same to the petitioner vide rent note dated 16.6.1989 on the monthly rent of Rs.600/-. Said Gurdeep Kaur has died leaving behind a registered Will dated 12.5.2005 in favour of the petitioner being her husband. Jawahar Singh her husband filed ejectment petition on the ground of non payment of arrears of rent at the rate of Rs.600/- per month with effect from 12.1.2000. Vide impugned order dated 4.8.2006, the learned Rent Controller assessed the arrears of rent at the rate of Rs.600/- per month Civil Revision No.4518 of 2006.

with effect from 12.1.2000. Interest and costs were also assessed vide impugned order dated 4.8.2006.

Hence, the present petition.

The submission of learned counsel for the petitioner was that the petitioner does not admit relationship of landlord and tenant between the parties. Hence, it was prayed that the impugned order dated 4.8.2006 by which rent was assessed is illegal.

This submission has been considered. Admittedly, the petitioner was tenant of Smt. Gurdeep Kaur. Admittedly, Gurdeep Kaur has died and the petitioner is her husband who claims to have inherited her estate by virtue of Will dated 12.5.2005. Therefore, the petitioner has no right to challenge the relationship of landlord and tenant between the parties. The learned Rent Controller has assessed the rent as per law laid down by the Hon'ble Supreme Court in Rakesh Wadhawan Versus M/s. Jagdamba Industrial Corporation, 2002(2) RCR (SC) 514.

There is no illegality in the impugned order.

There is no merit in the present petition and the same is dismissed.

August 29,2006. ( S. N. Aggarwal )

Jaggi Judge

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