DHAN SINGH Vs. LALL SINGH

JUDGEMENT

(1.) This is tenant's revision-petition against the order of appellate Authority, Ludhiana, dated 7.6.1982 whereby the order of the Rent Controller dated 31.8.1979 was set aside.

(2.) Briefly stated, Shri Lall Singh-landlord filed an eviction application under section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') for ejectment of respondents, namely, Jaswant Singh and Dhan Singh on the following grounds:-

(3.) The Jaswant Singh-respondent No.l, put in appearance and filed written statement admitting the claim of the landlord, whereas Dhan Singh-respondent No.2 filed written statement and controverted the allegations levelled. Dhan Singh specifically averred that shop in dispute is in his possession as a tenant at the rate of Rs.50.00 per month long before the filing of the ejectment application. Dhan Singh further averred that he has paid the rent from 11.5.1978 to 11.8.1978, at the rate of Rs. 50.00 per month in respect of the shop in dispute. On the pleadings of the parties, the following issues were framed by the Rent Controller:-