R.L. Anand, J. - (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 Kharati Lal Chopra (landlord)under Section 15 of the East Punjab Urban Rent Restriction Act, 19949 (hereinafter referred to as 'the Act') was dismissed by upholding g the order date 22.1.1.1981 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: - Kharati Lal Chopra -landlord filed an enactment application against Inder Mohan Bhatia seeking ejectment of room in House No. ER -54 located in Pacca Bach, 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 months. 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 rene 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 way 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. The notice of the petition was given to the tenant, who resisted the application. He tendered the arrears of rent with effect from 1.1.1978 to 30.4.1979 at the rate of Rs. 25/ - per month on the first date of hearing and he maintained that he has already paid the rent at the rate of Rs. 25/ - to the landlord upto 31.12.1978.
(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: - 1. What is the rate of rent of the demised premises? O.P. Parties. 2. Whether the respondent is liable to ejectment on the ground mentioned in para 2 of the petition? OPA 3. Whether a valid notice was served on the respondent? If not, its effect? OPA 4. Relief.;