ASHOK KUMAR Vs. MALKIAT KAUR
LAWS(P&H)-2008-12-228
HIGH COURT OF PUNJAB AND HARYANA
Decided on December 15,2008

ASHOK KUMAR Appellant
VERSUS
MALKIAT KAUR Respondents


Referred Judgements :-

RAKESH WADHAWAN VS. JAGDAMBA INDUSTRIES CORPORATION [REFERRED TO]


JUDGEMENT

Kanwaljit Singh Ahluwalia, J. - (1.)Malkiat Kaur landlady had filed eviction petition on two grounds. Firstly, it was stated that the tenant is in arrears of rent w.e.f. 1st Dec., 1983 and the rate of rent is Rs. 800.00 per month. Secondly, it was stated that the building has become unfit and unsafe for human habitation.
(2.)Tenant appeared and filed written statement, in which he stated that the landlady had entered into an agreement and had borrowed Rs. 25,000.00 as advance, vide writing dated 2nd Nov., 1992 and the amount of rent was to be adjusted as interest towards the amount of Rs. 25,000.00 borrowed by the landlady.
(3.)Rent Controller and the Appellate Authority held that tenant had only produced (Ex.R-1 and R-2), photocopies of the agreements. No evidence has been led to prove these agreements. Therefore, they are to be ruled out of consideration. Rent Controller further held that no ground is made out to say that building has become unfit and unsafe for human habitation.


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