SUBASH CHANDER Vs. SUBASH CHANDER ANAND

JUDGEMENT

(1.) The tenant petitioner has filed this revision petition against the order of the Appellate Authority, Jullundur, dated April 16, 1975, whereby the order of the Rent Controller, dated February 28, 1975, directing his ejectment, was maintained.

(2.) The landlord, Subhash Chander Anand, sought the ejectment of the tenant-petitioner on the ground of non-payment of rent from October 1, 1972 to November 1973. The petitioner, on the first date of hearing, tendered Rs. 205 as arrears of rent alongwith Rs. 10/- as interest and Rs. 25/- as costs, as assessed by the Court, as according to him, that was the only rent due from him. According to the averments of the petitioner, the rent due earlier had been paid. From the pleading of the parties, the following issues were framed by the learned Rent Controller :-

(3.) The learned counsel for the petitioner, contended that vide receipts, Exhibits R. 1 to R. 3, sum of Rs. 900/- was paid as rent to the brother of the landlord, Rakesh Kumar, and vide receipt, Exhibit R. 4, a sum of Rs. 900/- was paid to the mother of the landlord and, thus, the tender made on the first date of the hearing was a valid one. Of Course, if this payment is considered to be a valid payment, then the tender made on the first date of hearing may be said to be a valid one. Both the authorities below, after going through the whole evidence on the record, came to the concurrent finding that there was nothing on the record to prove that Salunder Chander Anand, brother of the landlord who appeared a R.W. 1, was authorised to receive the payment on behalf of the landlord. The original power of attorney alleged to have been executed in his favour, was not produced on the record. Only a photostat copy thereof, was produced which the Court did not accept. I do not find any illegality or impropriety in the impugned order of the Appellate Authority as to be interfered within this revision Petition.