SURJIT SINGH Vs. HARBANS LAL

JUDGEMENT

(1.) THIS is tenant's petition against whim eviction order has been passed by both the authorities below.

(2.) THE landlord Harbans Lal sought the ejectment of his tenant Surjit Singh from the shop in dispute on the allegations of non-payment of arrears of rent with effect from 7th August, 1972 to 30th September, 1980. According to the landlord, the tenant has neither paid nor tendered the arrears of rent with effect from 7th August, 1972 to 31st July, 1980, at the rate of Rs. 10/- per mensem and with effect from 1st August, 1980 at the rate of Rs. 30/- per mensem total amounting to Rs. 1075/-. The ejectment application was filed on 23rd September, 1982.

(3.) LEARNED counsel for the petitioner submitted that the findings arrived at by the authorities below that the rent for the said period was not paid, was wrong. The ejectment application was filed in the year 1982, claiming rent for 8 years for which there was no explanation as to why the landlord did not claim the rent earlier. According to the learned counsel, this itself shows the conduct of the landlord and, therefore, there was no question of non-payment of rent as claimed in the ejectment application. In support of his contention, reference was made to Raj Kumar v. Ram Parkash, 1981(2) RCR 619 : 1982(2) R.C.J. 248.