LAWS(P&H)-2010-10-253

SAROJ KAPOOR Vs. JOSHWA CHOUDHARY AND ANOTHER

Decided On October 14, 2010
SAROJ KAPOOR Appellant
V/S
Joshwa Choudhary And Another Respondents

JUDGEMENT

(1.) Present petition is filed challenging the order dated 15.1.2010 passed by learned Appellate Authority, Jalandhar, whereby the appeal filed by the tenant (respondent herein) was allowed.

(2.) Brief facts of the present case are that landlord (petitioner herein) has filed eviction petition against the tenant/respondent contending that tenant is in arrears of rent w.e.f. 1.1.2004 and has ceased to occupy the demise premises for the period of four months without any reasonable cause. The ground of bona fide need was also alleged by the landlord/petitioner.

(3.) Tenant/respondent appeared before the learned Rent Controller and both the parties were heard by the learned Rent Controller on the question of provisional assessment of rent. Learned Rent Controller vide order 11.9.2009 directed the tenant to pay rent w.e.f. 1.1.2004 till 28.2.2008 @ Rs.900.00 p.m. i.e. for the period of 50 months amounting to Rs.45,000.00 alongwith interest amounting to Rs.6885.00 and costs of petition as Rs.1000.00 total to the tune of Rs.52,885.00 on or before 15.10.2009.