Tenant has no right to challenge landlord’s ownership: counsel

“A tenant has no right to challenge the ownership of the landlord,” said the counsel for D K Singla,a resident of Sector 2,Panchkula.

Written by Express News Service | Chandigarh | Published: February 1, 2009 12:50:34 am

“A tenant has no right to challenge the ownership of the landlord,” said the counsel for D K Singla,a resident of Sector 2,Panchkula. Singla had purchased a house in Sector 21 from one G K Bhalla,the sales deed of which was executed in his favour but without obtaining the mandatory no objection certificate (NOC) from the UT Estate Office.

Based on a complaint moved by one C B Anand against D K Singla,landlord of the said house,UT Home Secretary Ram Niwas had marked an inquiry and asked Estate Officer R K Rao,how the sales deed was registered without obtaining the NOC.

Clarifying Singla’s position,his counsel Deepak Arora,in a signed statement,stated that Singla has already initiated eviction proceedings against C B Anand,the tenant.

He added that Singla,while acting as the landlord,had filed a petition against another tenant,Pratibha Jhanji,seeking her eviction for which the UT Rent Controller had ordered that she be evicted on January 3.

Regarding the other tenant,C B Anand,he said the petition is pending in the court of Rent Controller Rajinder Pal Singh.

On C B Anand challenging Singla’s ownership rights of the said house,Arora quoted Section 116 of Evidence Act and said: “Section 116 of the Evidence Act bars the tenant to challenge the ownership of the landlord.”

On January 26,Newsline had reported a major goof-up in the UT Estate Office,where the department had allowed two parties to get the sales deed registered,without issuing an NOC.

The inquiry on the matter is still pending with UT Estate Officer R K Rao who is examining the matter.

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