KAILASH CHANDER RATHI Vs. BALBIR SINGH

JUDGEMENT

(1.) THIS is tenant's revision petition against whom ejectment order has been passed by both the authorities below. The landlord sought the ejectment of his tenant on the ground of non-payment of arrears of rent since 1-9-1985. The ejectment application was filed on 14-11-1986. The rent claimed was Rs. 500/ per month. According to the landlord, Rs. 7,000/- were due from the tenant as rent for 14 months. The plea taken by the tenant in the written statement was that rate of rent was Rs. 400/- per month and he had paid uptil 31-12-1986. According to him, he had been paying rent regularly uptill 31-12-1986. After framing issues and allowing the parties to lead evidence, learned Rent Controller found that the tenant had not paid any amount to the landlord as rent for the premises in dispute since 1st September, 1985 even at the rate of Rs. 400/- per month and thus, the tenant was in arrears of rent for the aforesaid period and hence, liable to ejectment. In appeal learned Appellate Authority affirmed the said finding of the learned Rent Controller and maintained the eviction order.

(2.) ACCORDING to the tenant/petitioner, the tenancy started from 1-9-1985 and therefore, it could not be believed that from the very inception of the tenancy, no rent was ever paid. According to the tenant, evidence on record has been over looked and has not been properly appreciated.

(3.) WHETHER the tenant was in arrears of rent or not is a question of fact. On the appreciation of evidence on record, both the authorities below have found that the tenant was in arrears of rent from 1-9-1985. This being a finding of fact cannot be interferred with in the revisional jurisdiction. Consequently, the revision petition fails and is dismissed. However, the tenant is allowed three months time to vacate the premises in dispute, provided that all the arrears of rent upto date at the rate of Rs. 400/- per month are paid/deposited in the Court within one month and undertaking in writing is filed that after the expiry of the said period, the vacant possession of the premises in dispute will be handed over to the landlord.