SUNDER LAL Vs. DIAL SINGH

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Appellate Authority reversing on appeal that of the Rent Controller and ordering eviction of the tenant/petitioner from the demised premises.

(2.) THE facts :-The landlord/respondent filed an application for eviction of the tenant/petitioner on the ground of non payment of rent from April 1981 onwards. The rent was claimed at the rate of Rs. 400/- p m exclusive of water and electricity charges. The rent was payable in advance as agreed upon by the parties in the rent note dated August 9, 1980. The tenant denied the relationship of landlord and tenant and also that the rent at the rate of Rs. 400/- was fixed. According to him, he was a tenant on the demised premises under Shri Amar Nath at the rate of Rs. 180/- p m and that the rent was never increased. The rent note dated August 9, 1980 was forged and fabricated document.

(3.) FROM the pleadings of the parties, the following issues were framed :-1. What is the rate of rent of the disputed house? OPP. 2 Whether the respondent is in arrears of rent? If so, to what effect ? OPP 3. Whether the petition is not maintainable in the present form ? OPP