HARBHAJAN SINGH MEELU Vs. ASHA RANI BAGGA

JUDGEMENT

(1.) Smt. Asha Rani Bagga is owner of the residential premises in question situate in Jalandhar City. Though the plea of her bonafide requirement has not found favour with the Courts below yet the plea that the tenant has not paid the arears of rent since January 1987 has been upheld not only by the Rent Controller on 11th May, 1991 but even by the learned Appellate Authority, Jalandhar in its judgment dated 21st Oct., 1991. It is a case where the tenant neither produced any receipt of rent for a period of three years nor tendered it before the Rent Controller.

(2.) In such a case, where, no tender of rent even at the rate of Rs. 85.00 per mensem was made though it was claimed at a higher rate there is no good ground to interfere in the concurrent finding of the two Courts, that the tenant neither paid rent to the landlady nor her brother Narinder, who had been acting as an attorney nor tendered it before the Rent Controller even at the rate which the tenant had alleged.

(3.) M/s. Raja Ram Lakshmi Dyeing Works and others Vs. Rangaswamy Chettiar A.I.R. 1980 S.C. 1253 and Smt. Rajbir Kaur and another Vs. M/s. Chokosdri and Co. A.I.R. 1988 S.C. 1845 have been referred to by the learned counsel for the respondent, to stress that concurrent finding of fact regarding rate of rent and its non-payment does not call for interference of this Court. In the circumstances of the present case, the revision is dismissed in limine. The possession shall be handed over by the tenant within two months. Petition dismissed in limine.