FATEH CHAND ARYA: Vs. HARI RAM MOCHI:

JUDGEMENT

(1.) This is landlord revision petition whose ejectment application has been dismissed by both the courts below.

(2.) The learned sought the ejectment of his tenant from the shop in dispute, inter alia, on the ground that he was in arrears of rent. The rent was to be claimed at the rate of Rs. 150.00 per month plus house-tax at the rate of 12-1/2 per cent per annum. In reply filed on behalf of the tenant, the pleas taken was that the arrears of rent from 1st Oct., 1980 to 28th Feb., 1985 has already been paid and that the rate of rent was Rs. 60.00 per month, including house tax. Accordingly, he tendered the arrears of rent on the first date of hearing. The learned Rent Controller, on the appreciation of the evidence, came to the conclusion that the rent fixed was Rs. 60.00 per month, including the house tax and consequently, dismissed the ejectment application. In appeal, the learned Appellate Authority affirmed the said findings of the learned Rent Controller and thus maintained the order rejecting the ejectment application. No meaningful argument could be raised on behalf of the petitioner to challenge the concurrent findings of the two courts below as regards the rate of rent. Surprisingly, even the landlord did not appear in the witness-box to state that the rent was at the rate of Rs. 150.00per month. In the circumstances, the petition fails and is dismissed with costs. Petition dismissed.