YADWINDER SINGH Vs. PARKASH KAUR

JUDGEMENT

(1.) THE ejectment of the petitioner was sought on the ground of non-payment of rent with effect from 1.1.1983 at the rate of Rs. 300/- per month. The demised premises consisted of two rooms, verandah, kitchen and bath-room on the first floor.

(2.) IT has come in evidence that the demised premises were leased out w.e.f. 1.11.1982 on the surety of one Balwant Singh. Both the Courts below have accepted the oral testimony of the witnesses produced by the landlady and accepted the rate of rent at Rs. 300/- per month.

(3.) I find no force in the submissions made by the learned counsel for the petitioner. The petitioner never raised any objection before the authorities below that the money order receipts Exhibits R1 and R2 were not taken into consideration. Even otherwise, these are the admissions made by the petitioner in his own favour, when admittedly a dispute with respect to non-payment of rent with effect from 1.1.1983 had arisen and the rent through these money order receipts was sent only for the months of March, April and May 1983, obviously with an intention to create evidence with respect to the rate of rent. There is no gainsaying that the petitioner accepted his liability for arrears of rent with effect from 1.1.1983 when he tendered the rent from this date but carried the rate of rent from Rs. 300/- per month to Rs. 100/- per month. There is no reasonable explanation put forth why rent for the month of January and February was not sent through money order when the petitioner sent rent for the months of March, April and May, 1983.