KHARAITI LAL CHOPRA Vs. INDER MOHAN BHATIA

JUDGEMENT

(1.) THIS is a landlord's revision and has been directed against the judgment dated 11.3.1983 passed by Appellate Authority, Jalandhar, vide which the appeal of Kharaiti Lal Chopra (landlord) under Section 15 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') was dismissed by upholding the order dated 22.1.1981 passed by the Rent Controller, Jalandhar, who dismissed the application of the landlord under Section 3 of the said Act.

(2.) THE brief facts of the case can be described in the following manner :- Kharaiti Lal Chopra-landlord filed an ejectment application against Inder Mohan Bhatia seeking ejectment of room in House No. ER-54 located in Pacca Bagh, Naya Bazar, Jalandhar City. The landlord alleged that he rented out a room out of the said house of Inder Mohan Bhatia for the purpose of godown at a monthly rental of Rs. 75/- inclusive of the electricity charges amounting to Rs. 5/- per month. The ejectment of the tenant was sought on the ground of non-payment of rent w.e.f. 1.1.1973 to 31.12.1977 at the rate of Rs. 75/- per month and from 1.1.1978 to 31.12.1978 at the rate of Rs. 50/- per month as in the earlier rent petition filed by the landlord against the tenant, the tenant tendered the rent with effect from 1.1.1978 to 31.12.1978 at the rate of Rs. 25/- per month and in this manner the difference has been claimed at the rate of Rs. 50/- per month with effect from 1.1.1978 to 31.12.1978. The landlord also maintained that he withdrew the earlier application for ejectment as the same was filed without giving notice under Section 106 of the Transfer of Property Act. Now he has given a valid legal notice. The present ejectment petition was filed before the Rent Controller on 26.2.1979.

(3.) THE landlord filed a rejoinder to the written statement filed by the tenant in which he reiterated his allegations made in the petition by denying those of the written statement and from the above pleadings of the parties, the learned Rent Controller framed the following issues :-