MAKHAN SINGH Vs. SHANKAR SINGH AND ANR.

JUDGEMENT

(1.) The tenant petitioner has filed this revision petition against the order of the Appellate Authority, Jullundar dated 22nd February, 1975, whereby the order of the Rent Controller directing his ejectment has been maintained. The premises in dispute are situated at Ladowali Road, Jullundar City, bearing No. B-IX/1-1521 shown in the plain attached with the ejectment application. It was alleged that the ant occupied these premises at a monthly rent of Rs. 50/- and he had not been paying rent since 1st January, 1967. The order grounds of ejectment were also taken in the application. However, on the pleading of the parties, the Rent Controller framed the following issues :-

(2.) On issue No. 1, the learned Rent Controller came to the conclusion as under :-

(3.) The learned counsel for the tenant next contended that the Appellate Authority has acted wrongly in declining the application for additional evidence. However, I am not satisfied with his argument. It was discretionary for the Appellate Authority and in case the application for additional evidence was not allowed, it cannot be a ground for interference in revision. Admittedly, on the evidence on record, the tender of rent on the first date of hearing was shorter and thus the tenant was liable to ejectment on ground of non-payment of rent.