June 13, 2018
Case name: Ashok Kumar vs Piara Singh
In a recent case, the High Court of Punjab & Haryana has held that even if there is no formal sale-deed in favour of the landlord, still it is well settled that a person can be a landlord even without having ownership rights.
In the case, the Petitioner who is tenant has challenged order of ejectment passed by the Rent Controller. The ejectment petition had been filed by the respondent landlord against tenant on the ground of non-payment of rent.
Aggrieved the ejectment order, the petitioner approached the High Court wherein he contended that the respondent is not landlord of the premises in question and that he had taken the same on rent from one Narinder Singh and had been paying rent to the said Narinder Singh.
The High Court of Punjab & Haryana in view of the facts and circumstances dismissed the petition and made the following observations in the case:
- In view of the evidence on record, the High Court stated that there was no registered sale-deed indicating the sale of the premises to Narinder Singh. However, there was some similar kind of arrangement between Narinder Singh and the respondent by way of some Power of Attorney executed by Narinder Singh in favour of respondent.
- That by way of executing the aforesaid power of attorney and the Will in favour of the respondent-landlord coupled with deposition of Narinder Singh in Court, it was very apparent that the respondent/landlord had been acting as a landlord with the consent of said Narinder Singh and Narinder Singh had never expressed any objection for the same.
- That even if there is no formal sale-deed in favour of the present respondent- Piara Singh, still it is well settled that a person can be a landlord even without having ownership rights. The above-stated facts leave no manner of doubt that it is Piara Singh i.e. respondent and not Narinder Singh, who is the landlord.
The entire case can be accessed here.