From the dictum of the judgements of this Court in the cases of
Raghbir Singh (supra) and Hukma Devi (supra), it is clear that once
relationship of landlord - tenant is denied, neither assessment of rent is
required to be made nor or any opportunity is required to be given to the
tenant to pay arrears of rent.
"From the dictum of the judgements of this Court in the cases of
Raghbir Singh (supra) and Hukma Devi (supra), it is clear that once
relationship of landlord - tenant is denied, neither assessment of
rent is required to be made nor or any opportunity is required to be
PRADEEP KUMAR ARORA
given to the tenant to pay arrears of rent." 2014.11.18 10:10
I attest to the accuracy and integrity
of this document
Punjab and Haryana High Court,
Chandigarh
Civil Revision No.7235 of 2014(O&M) -8-
****
Again, this Court in Sandeep Shahi Vs. Smt. Asha Rani (CR
No.1595 of 2009, decided on 7.9.2010, while placing reliance on the earlier
judgements of this Court in Raghbir Singh (supra) and Hukma Devi (supra),
has held that once relationship of landlord - tenant is denied between the
parties, neither assessment nor opportunity is required to be given to the
tenant to deposit arrears of rent.
This Court in the matter of Sandeep Shahi Vs. Smt Asha Rani
(C.R. No.1595 of 2009, decided on 7.9.2010), after relying upon the
judgements rendered by this Court in Raghbir Singh and others Vs. Sansar
Chand and others, reported in 2004(3) PLR 841, and in Hukma Devi Vs.
Bhagwan Dass, reported in 2003(1) RCR(Rent) 533, held that if
relationship of landlord - tenant is denied by the tenant, then the Rent
Controller is not supposed to assess the rent and to give an opportunity to
the tenant to tender the rent.
This Court in Raghbir Singh Vs. Sansar
Chand 2004 (3) PLR 841 and Sandeep Sahi 2010 (4) PLR 630 held that once
the petitioner has chosen to take the risk of denying the relationship, no further
opportunity is to be granted for payment of rent. Accordingly, no time is required
to be given to the petitioner-tenant, as admittedly, she is not residing at the
premises in question.
Reference was
made to the judgment dated 18.08.2004 passed by the Coordinate Bench of
this Court in Civil Revision No.1802 of 1984 titled as Raghbir Singh Vs.
Sansar Chand through LRs, in which it was stated to have been observed
that the person purchasing the shop from Government, which was occupied
by the tenant, would, then by operation of law assume the character of the
landlord and would be entitled to recover the rent from the tenant and seek
his eviction. It was further stated that in the present case, the respondent had
also proved notice Ex.PW6/A which was sent to the present petitioner
whereby reference was made to the gift deed dated 07.11.2017 and the
present petitioner was informed about the said gift deed and the said notice
was replied by the present petitioner vide reply which had been exhibited as
Ex.PW7/A. It was thus, found that the present petitioner was also aware of
the said transfer.