TILAK RAJ Vs. PAKHAR SINGH

JUDGEMENT

(1.) This is a revision petition by Tilak Raj tenant against the order of the Appellate Authority, Ludhiana dated March 31, 1976, ordering his ejectment on the ground of non-payment of rent under section 13 of the East Punjab Urban Rent Restriction Act.

(2.) Briefly the facts are that the petitioner is a tenant under Pakhar Singh on payment of Rs. 25/- per mensem. The landlord filed an application for ejectment of the tenant inter alia on 'the ground that he had not paid rent since May 1, 1971 except an amount of Rs. 100/- sent by two money orders. Several other grounds were also taken for ejectment, but that had not been pressed in appeal. The application was contested by the tenant who controverted the allegations of the landlord and said that be had been paying the rent regularly, but the landlord had not been issuing receipts to him. He further stated that be sent two money orders, one dated February 2, 1973 and the other dated March 16, 1973, whereby he sent the rent for the last four months immediately preceding the application.

(3.) The leaned Rent Controller came to the conclusion that the tenant had paid the rent to the landlord. Consequently he dismissed the application for ejectment. The landlord went up in appeal before the Appellate Authority who reversed the finding of the Rent Controller and came to the conclusion that the tenant had not paid the arrears of rent. Consequently he accepted the appeal and ordered ejectment of the tenant. He has come up in revision petition against the order of the Appellate Authority to this Court.