SWINDER SINGH Vs. AMRIK SINGH AND ANOTHER

JUDGEMENT

(1.) This is tenant's revision petition challenging the order dated 23.2.2006 of the Rent Controller whereby his eviction was ordered from the demised premises and the judgment dated 6.9.2011 of the Appellate Authority dismissing his appeal against the aforesaid order of eviction.

(2.) The landlord-respondents filed an ejectment application for eviction of the petitioner from the demised premises stating therein that the shop in dispute originally belong to Shri Dalip Singh son of Gurdit Singh. Vide rent agreement dated 25.4.1989, the petitioner took on rent the shop in dispute from the said Dalip Singh on a monthly rent of Rs. 500.00.Vide sale deed dated 9.8.1991, the said Dalip Singh sold the shop in dispute along with his other shops to the petitioner. Thus, they became the landlord of the shop and respondent as their tenants, in respect of the shop in dispute. It was further averred that the petitioner has neither paid nor tendered the rent of the shop in dispute to the respondents in spite of repeated requests. The rent was due from 9.6.1992 onwards. It was further mentioned that in the previous ejectment petition which was still pending they have claimed rent for the period with effect from 9.8.1991 to 9.6.1992 amounting to Rs. 5000.00 but the petitioner tendered the rent at the rate of Rs. 100.00 per month upto 9.8.1992. Hence the instant ejectment petition was filed without prejudice to the previous application pending in the Court of Rent Controller, Batala. It was further averred that petitioner ceased to occupy the shop in dispute for the last one year and the same was lying locked. Thus, it was prayed that order of ejectment be passed in favour of the respondents and against the petitioner.

(3.) Upon notice, petitioner appeared and tendered arrears of rent for the period with effect from Sept. 1992 to April 1994 i.e. for 20 months at the rate of Rs. 100.00 per month with interest and costs. Petitioner filed reply controverting the averments of the respondents. It was denied that rate of rent was Rs. 500.00 per month on the basis of alleged agreement dated 25.4.1989. The existence, legality, validity and genuineness of the said agreement was denied. It was further stated that petitioner was in possession of the shop in dispute on the basis of oral tenancy at a monthly rent of Rs. 100.00 under Dalip Singh and shall making the payment of rent to him on the basis of receipt duly executed by Dalip Singh in favour of the petitioner. Thus, the ground of non payment of rent was not available to the respondents. It was further denied that the petitioner has ceased to occupy the shop in dispute. Lastly, dismissal of the ejectment application was prayed.