KAUSHALYA DEVI Vs. AMARJIT SINGH

JUDGEMENT

(1.) Amarjit Singh respondent (hereinafter referred to as the landlord) sought ejectment of Kaushalya Devi petitioner (hereinafter referred to as the tenant) from the house in question on three grounds, i.e. (i) non payment of arrears of rent from 23rd May, 1971 to the date of filing of the application for ejectment (ii) requiring the house for his bonafide personal necessity, and (iii) nuisance. The tenant in her reply to the ejectment application denied the allegations. In regard to the arrears of rent, it took a categorical stand that the rent was payable only for five months and that too at the rate of Rs. 14/- per month and not at the rate of Rs. 30/- per month as claimed in the ejectment application.

(2.) The learned Rent Controller dismissed the application finding that none of the grounds, on which ejectment had been sought, had been established. In regard to the rate of rent and the period for which the arrears were due, the Rent Controller held that the rate of rent was Rs. 14/- per month and it was due only for five months and not for the period claimed by the landlord.

(3.) On the appeal at the instance of the landlord, the Appellate Authority sustained all the findings of the Rent Controller, except the one pertaining to the arrears of rent. It deserves highlighting that the Appellate Authority accepted the finding of the Rent Controller that the rate of rent was Rs. 14/- per month and not Rs. 30/- per month.