CHAMAN LAL JINDAL Vs. DEV SAMAJ SOCIETY

JUDGEMENT

(1.) THE petitioner is in revision against the concurrent finding, recorded by the learned Rent Controller and the learned Appellate Authority ordering the ejectment of the impleaded tenant from the tenanted premises. The premise of ordered eviction action is non-payment of rent by the impleaded tenant.

(2.) THE respondent-landlord applied for the ejectment of tenant Chaman Lal Jindal, who is a tenant under the former on shop No.5, on a precise averment that the latter had not paid rent since August, 1993. The tenant aforementioned did not enter appearance on his behalf. The written statement at the trial was filed by the petitioner herein i.e. Sugan Chand who, besides challenging the locus standi of the signatory to the petition to file it, averred that rent for due period had been deposited in the Court of learned Rent Controller from time to time. The petitioner herein is, otherwise a real brother of tenant Chaman Lal Jindal and he is also in possession of a shop adjacent to the tenanted premises.

(3.) LEARNED counsel, appearing on behalf of the respondent, resisted the pleas aforementioned and argued that the amount of rent tendered or deposited by the petitioner herein was never accepted by the respondent-landlord unconditionally and it was always accepted under protest. It was also argued that the mere inability on the part of Sudarshan Kumar to indicate how exactly the petitioner herein came in to occupation of the tenanted premises is not sufficient to record a finding of tenancy in favour of the petitioner herein qua tenanted premises.