The Punjab & Haryana High Court has dismissed a tenant’s revision petition and upheld concurrent orders of eviction passed by the Rent Controller and the Appellate Authority, Pathankot. The Court held that once the landlord–tenant relationship is duly established through independent evidence, such as a family partition deed, notices, and corroborating witness testimony, the tenant’s denial cannot stand.
Justice Vikram Aggarwal noted that once a tenant denies the relationship of landlord and tenant, there is no requirement to provisionally assess rent. If the relationship is subsequently proved and arrears are established, eviction must follow without granting an additional opportunity to tender rent. Citing settled precedents, the Court held that the tenant’s denial disentitled him from protections otherwise available under law.
Clarifying the limited scope of revisional jurisdiction, the Bench observed that concurrent findings cannot be interfered with unless shown to be perverse or illegal. It also distinguished precedents including Satish Chand Makhan v. Goverdhan Dass Byas (1984) 1 SCC 369, Rakesh Wadhawan v. Jagdamba Industrial Corporation (2002) SCC 5 440, and Baljeet Singh v. Sukhinder Singh Bawa 2020 (1) RCR (Rent) 417, holding them inapplicable to the facts of the case.
Appearances:
Mr. Jagdish Mahal, Advocate, for the petitioner.
Ms. Simran Singh, Advocate, along with the respondent in person.