- (1.) THE petitioner is the landlady who sought eviction of the present respondent from the demised premises on the ground of non -payment of rent and change of use and nuisance on account thereof. Initially, the petition was filed by one Darshna Devi who has since expired. Subsequently, his LRs were brought on record and are prosecuting this petition.
(2.) IN the petition, it was claimed that the premises were let out to the respondent at the rate of Rs.450/ - per month. The tenant was also required to pay the house -tax in the eventuality of it being levied. The respondent was stated to be in arrears of rent from 1.1.1987 to 15.3.1990. It was pleaded by the petitioner that the rent had been paid till 31.12.1986.
(3.) IN so far as the other issues regarding to change of use and nuisance are concerned, they are no longer germane to the present controversy as the challenge to these issues was not pressed by the petitioner before the Appellate Court. The Surviving issue therefore, is regarding the non -payment of rent. The respondent, on the other hand, had pleaded that the tenancy commenced from 2.10.1987 and not from January, 1986, as alleged by the petitioner. Before the learned Rent Controller, the respondent tendered the rent upto 31.3.1989. The learned Rent Controller disbelieved the petitioner and while doing so, he observed as follows: - Since no such receipt has been issued by the applicant therefore, it is difficult for the respondent to prove that he has made the payment of rent upto 31.3.1989 on the other hand it was in the hands of the applicant and she could maintain the record with regard to the payment of rent by the respondent. Therefore, the difficulty of the tenant is more than the landlord to maintain the record regarding the payment of rent. Therefore, possible conclusion is that when the landlady has been disbelieved on number of facts, she cannot be believed with regard to the payment of arrears of rent and version of the respondent is believable that he has made the payment of rent to the applicant upto 31.3.1989 and after 31.3.1989 he has made the tender before the court upto the date of institution of the application plus house tax and costs of the application assessed by the court, therefore, he is not in arrears of rent.;