BRIJINDER SINGH Vs. PRITPAL SINGH

JUDGEMENT

(1.) Dhani Devi wife of Jagan Nath, through her attorney Pritpal Singh and Pritpal Singh in his own rights instituted a petition under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as, the Act) against Brijinder Singh, petitionertenant.

(2.) Pritpal Singh and Brijinder Singh are brothers. Dhani Devi, being owner and landlady of the disputed shop, had executed her attorney in favour of Pritpal Singh on 24th June, 1997. It is stated that on 12th Aug., 1987, Pritpal Singh had given the shop in dispute on rent to his brother Brijinder Singh. Initially, the rent was Rs. 600.00 per month and with effect from 11th Nov., 1987, the same was to be increased by 20 percent every year. The rent remained increasing from time to time. At the time of filing of the ejectment petition, the rent was Rs. 1,900.00 per month. A compromise was arrived at between the parties that with effect from 7th Feb., 1999, the rent would be increased by 5 percent every year.

(3.) The arguments advanced by the parties have centered around the compromise dated 7th Feb., 1999, a copy whereof has been furnished by counsel for the petitioner and the true translation of which reads as under: