JAI PARKASH SINGH Vs. SHARDA PANDEY

JUDGEMENT

(1.) THIS revision petition has been filed by the tenant against the order passed by the appellate authority, whereby the appeal filed by the landlady was allowed, order passed by the Rent Controller was set aside and the order of ejectment was passed against the tenant.

(2.) FACTS of the case in brief are that Smt. Sharda Pandey (landlady) wife of Sh. S.N. Pandey, filed petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, against Jai Parkash Singh (tenant), seeking his eviction from a portion of the residential house, alleging therein that Jai Parkash Singh was a tenant on the said portion, on a monthly rent of Rs. 3000/- excluding electricity, water and sewerage and other charges, with effect from September, 1997. It was alleged that the tenant had failed to pay the arrears of rent with effect from 1.3.2000 till May 2000, amounting to Rs. 9000/- besides water charges @ Rs. 100/- per month amounting to Rs. 300/-. It was alleged that Jai Parkash Singh, tenant was liable to be evicted from the tenanted premises on the ground of non-payment of rent for the period from 1.3.2000 to May 2000 besides water charges.

(3.) AFTER the tenant was served in the ejectment petition, he had put in appearance before the Rent Controller and had made a statement that Smt. Sharda Pandey was not his landlady and that there was no relationship of landlord and tenant between the parties and that his landlord was Sh. S.N. Pandey and that for that reason he was not tendering any rent, and that he had already filed a suit in the court against S.N. Pandey, regarding tender of rent.