High Court Punjab-Haryana High Court

Roop Singh vs Murti Sri Radha Krishan Ji on 18 February, 2009

Punjab-Haryana High Court
Roop Singh vs Murti Sri Radha Krishan Ji on 18 February, 2009
Civil Revision No.476 of 1997 (O&M)                           -1-

         IN THE HIGH COURT OF PUNJAB AND HARYANA
                       AT CHANDIGARH

                   Civil Revision No.476 of 1997 (O&M)
                   Date of decision: 18.02.2009

Roop Singh                                       .............. Petitioner
                                Vs.

Murti Sri Radha Krishan Ji                       ............Respondent

Present: Mr. B.R. Mahajan, Advocate
for the petitioner.

Mr. Suvir Sehgal, Advocate
for the respondent.

CORAM: HON’BLE MR. JUSTICE K. KANNAN

1. Whether Reporters of local papers may be allowed to see
the judgment ?

2. To be referred to the Reporters or not ?

3. Whether the judgment should be reported in the Digest ?

-.-

K.KANNAN, J.(ORAL)

1. The landlord’s eviction petition was ordered by the Rent

Controller and confirmed in appeal. The ground of eviction was non-

payment of arrears of rent from 01.01.1980. The defence by the

tenant was that property itself had been purchased by him from the

original landlord-cum-owner, Sh. Sant Ram and there existed no form

of relationship as landlord and tenant between the petitioner and the

respondent.

2. The Courts below have considered the fact from the light of

evidence adduced on behalf of the landlord, which is said to be a

Mandir, that the property had been orally relinquished by Sant Ram in

its favour and that the property tax register also stands only in the

name of the Mandir. The documentary proof was sought to be

advanced to the effect that rents had been collected from several
Civil Revision No.476 of 1997 (O&M) -2-

tenants in respect of row of construction, which the Mandir owned

and in respect of the petition mentioned premise. AW-4, Des Raj had

given evidence that rent receipts had been issued by the cashier of the

Mandir to various tenants including the respondent. The counterfoils

which were filed and marked contained the handwriting of the cashier,

which was identified by the witness.

3. The contention of the respondent was that the property had

been purchased under a registered sale deed dated 09.06.1981 from

the original landlord-Sant Ram and that he was himself the owner of

premises. The Courts below found the property tax register

containing reference to the Mandir as the owner as a significant factor

to establish that the Mandir was the landlord. It also found from the

fact that in a row of buildings which the Mandir owned, all tenants

were paying the rents and recognized the Mandir as the landlord but

only the tenant was disputing its ownership. The Courts below

reasoned that in an action for eviction under the Rent Control Act, the

landlord was merely a person, who is entitled to receive rent and need

not be owner of the premises. While no exception could be taken to

the proposition stated as such, in a case where respondent pleads

ownership of the premises from a person who has admitted to the

landlord by both parties, then the consideration whether the jural

relationship existed between the petitioner and respondent cannot be

effectively made without reference to the defence by a tenant of

transfer of title in his own favour by the admitted landlord.

4. The Courts below was swayed by the fact that the original

owner -cum-landlord, Sant Ram had disclaimed any interest in the
Civil Revision No.476 of 1997 (O&M) -3-

property and had also given a letter in writing that he was gifting the

property to the Mandir. The issue, which the Courts below have

failed to see is that in relation to an immovable property of whose

value was more than Rs.100, no transfer of title is possible except

through a registered instrument. Section 17 (1) (a) of the Registration

Act refers to “instrument of gift of immovable property” as requiring

registration. Section 49 of the Registration Act states that no

document which is required to be registered under Section 17 of the

Act could be received as evidence to affect any immoveable property

or received as evidence to any transaction affecting such property

unless it has been registered. An oral release or a written letter of an

original owner acknowledging another person as the owner has no

value in the eye of law. A transfer of title to immovable property

could never be made by mere admission. The Supreme Court has also

in a decision in Ambika Prasad Thakur Vs. Ram Ekpal Rai AIR

1996 SC 605 held that an admission cannot create title in respect of

immovable property. Indeed, if title could be merely transferred by

admission, then there is no requirement of either the provisions of the

Stamp Act or even the Registration Act. There is no mode of transfer

possible other than how the law envisages that a transfer could be

effected.

5. Admittedly, no rent was paid from 01.01.1980. The sale

itself is made in favour of the tenant on 09.06.1986. Even the so-

called counterfoils do not contain the signature of the tenant. A self-

serving entry by a cashier on an assumption that the temple was the

landlord cannot invest such character in the landlord to merit an action
Civil Revision No.476 of 1997 (O&M) -4-

for eviction. The Courts below had committed an eggregeous error in

upholding the claim of the landlord and ordering eviction. The orders

of the Courts below are set aside and the civil revision petition is

allowed. But in the circumstances, there shall be no order as to costs.

(K. KANNAN)
JUDGE
February 18, 2009
Pankaj*