HARBANS SINGH Vs. SADHU SINGH

JUDGEMENT

(1.) THIS revision petition has been directed against the order of Appellate Authority, under the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act'), dismissing the appeal filed by the tenant, and affirming the order passed by the Rent Controller whereby the Rent Controller ordered the ejectment of the tenant from the shop in dispute.

(2.) SADHU Singh filed an application under Section 13 of the Act for the ejectment of tenant (petitioner herein), on the ground of nonpayment of rent. It was claimed in the said application that the petitioner who is in occupation of the shop in dispute as a tenant at the rate of Rs. 30/per month, is liable to be ejected as he has failed to pay the arrears of rent w. e. f. 24-10-1975 to 24-5-1979.

(3.) THE application under Section 13 of the Act was contested by the tenant, who claimed that the rate of rent is Rs. 20/- per month, and not Rs. 30/- per month as alleged by the landlord in his application. He further stated that he has already paid the rent upto 31-8-1978, and therefore, on the first date of hearing, he tendered the rent only w. e. f. 1-8-1978 which was accepted by the landlord under protest.