HARBANS SINGH Vs. SADHU SINGH

JUDGEMENT

(1.) THIS revision petition has been directed against the order of appellate Authority, under the East Punjab Urban Rent Restriction Act, 1949, (for short Act), dismissing the appeal filed by the tenant, and affirming the order passed by the Rent Controller whereby the Rent Controller ordered the ejectment of the tenant from the shop in dispute.

(2.) SADHU Singh filed an application under Section 13 of the Act for the ejectment to tenant (petitioner herein), on the ground of non-payment of rent. It was claimed in the said application that the petitioner who is in occupation of the shop in dispute as a tenant at the rate of Rs. 30/- per months, is liable to be ejected as he failed to pay the arrears of rent w.e.f. 24.10.1975 to 24.5.1979.

(3.) THE Rent Controller after finding that the rate of rent is Rs. 30/- per month, and the tenant having failed to prove that he paid the rent for the period for which he claimed to have paid the same, passed an order of ejectment against him. Being aggrieved of the said order of Rent Controller, the tenant petitioner filed and appeal before the first appellate Court. Along with the said appeal, the petitioner also filed an application under Order 41, rule 27, Code of Civil Procedure, so as to produce, by way of additional evidence, the receipts regarding payment of rent for the period 24.10.1975 to 31.8.1978. In the said application, no explanation whatsoever was given that as to why, the receipts sought to be produced by way of additional evidence, were not produced before the Rent Controller. Regarding this fact, the petitioner averred that he could not produce the aforesaid receipts earlier by inadvertance. The application as well as the appeal were dismissed by the appellate Authority after finding that the tenant failed to produce the evidence that any rent was paid by him for the period November, 1975 to August, 1978 even at the rate of Rs. 20/- per month. This order is being impugned by the petitioner in this revision petition.