SUNDER LAL Vs. NARINDER SETHI

JUDGEMENT

(1.) This is tenant's revision petition challenging the order dated 25.11.2010 of the Rent Controller, Kurukshetra ordering his ejectment from the shop in question and the judgment dated 28.11.2011 of the Appellate Authority dismissing his appeal against the aforesaid order. As per the averments, the respondent inducted the petitioner as a tenant on a monthly rent of Rs. 700/- plus house tax in the shop in dispute being the owner and landlord of the said shop. The rent was increased from time to time after every five years and lastly the rent was fixed at Rs. 700/- per month plus house tax and the receipts of payment of rent were issued to the petitioner every time whenever it was paid. It was further averred that the petitioner was liable to be evicted on the ground that he had not paid the rent of the said shop @ Rs. 700/- per month plus house tax w.e.f. 1.11.2003 till date i.e. amounting to Rs. 25,200/- plus house tax as imposed by the Municipal Council which was not deposited by the petitioner for the last more than five years for which he was liable to deposit. It was also submitted that the shop in dispute was unfit and unsafe for human habitation. It was further pleaded that the petitioner had committed acts of impairing the value and utility of the shop in question and was also guilty of his such acts of nuisance to the occupants of the neighbourhood. Since the petitioner refused to pay the arrears of rent and to hand over the vacant possession of the shop, the instant petition was filed.

(2.) The petitioner objected the petition raising various preliminary objections. It was further submitted that the rate of rent was Rs. 300/- per month and not Rs. 700/- per month. He had already tendered the rent, costs, interest etc. as calculated by the Court. The shop in question was quite fit for human habitation. Other averments were also denied and dismissal of the ejectment petition was prayed. On the pleadings of the parties, the following issues were framed:

(3.) Thereafter, the parties led their respective evidence.