- (1.) This revision petition under Section 15 of the East Punjab Urban Rent Restriction Act has been filed against the order of the Appellate Authority. Chandigarh, dated May 18, 1977, confirming on appeal, the order of ejectment passed by the Rent Controller.
(2.) The stay of the execution of the ejectment order was made conditional by B. S. Dhillon, J. vide order dated August 8, 1977 on payment of the arrears of rent. It is not disputed that the tenant failed to pay the arrears and has since been evicted from the house in dispute.
(3.) The ejectment was ordered on several grounds but because of the tenant having vacated the house, the learned counsel has confined his arguments only to the Issue relating to the payment of rent Both the Courts below have recorded a concurrent finding of fact that the rent was payable at the rate of Rs. 150/- per month and that the tenant has failed to pay arrear of rent for the period from June 1, 1972 to October 31, 1973. The learned counsel for the petitioner has sought to challenge this finding on the ground that Tej Pal R.W. 4 Upper Division Clark of the Income Tax Office, had stated that in the returns filed by the landlord for the years 1970-71 to 1972-73, he had duty shown therein the Income received from this house. The witness further stated that even if the rent is not realised, the landlord has to show Income of the house in the return. After taking into consideration the statement of this witness, both the Courts below have recorded the finding that the payment of rent has not been proved no substantial ground has been made out from the above contention to interfere with this concurrent finding of fact.;