VIR KHANNA Vs. BINDRAWATI

JUDGEMENT

(1.) Petitioner is the landlord, and is being referred to as such hereinafter. He filed eviction petition against the Respondent, who is being referred to hereinafter as the tenant.

(2.) Eviction of the tenant was sought from the premises on two grounds, namely non payment of arrears of rent as well as additions and alterations having been carried out in the demised premises by removing the concrete partition walls of the tenanted premises. Then having put up a wooden partition and a door in the premises in question. These acts materially impaired the value and utility of the tenanted premises.

(3.) So far plea of non payment of arrears of rent is concerned in the petition that was initially filed, arrears claimed were for the period January, 1988 uptill this date. This petition was filed on 26th July, 1994 before the Rent Controller, Dalhousie, District Chamba. Fact remains that on 4.3.1995 rent claimed was tendered alongwith interest and costs as assessed. This fact finds mention in the order sheet of the said date and there is also a receipt placed on the record from April, 1992 to 1994. This amount was received under protest by the learned Counsel. Receipt to this effect is at page 34 of the trial Court file. At page 35 there is statement of the learned Counsel for the landlord before the Rent Controller, that rent as claimed in the original petition has been paid by the Respondent (tenant) during the pendency of the suit which was received under protest and for remaining period, separate petition would be filed.