PREM CHAND Vs. OM PARKASH

JUDGEMENT

(1.) THIS is landlord's revision, who lost in the matter of eviction of his tenant-respondent herein before the Rent Controller as also the Appellant Authority. The only ground on which he sought eviction of the respondent-tenant was that he was in arrears of rent. No dispute came to be raised before the authorities below insofar as actual rent per month of the demised premises is concerned. The dispute was only with regard to non-payment of house tax which, as per rent note, Ex. A1, was part of the rent itself. On the issue aforesaid, learned Appellate Authority observed as follows :-

(2.) THIS Court finds no illegality or infirmity in the findings returned by the appellate authority, as reproduced above. That apart, if the tenant had paid the tax for the year 1981-82 as would be evident from document Ex. R3, the presumption would be that he had paid the house tax for the earlier period as well. It is significant to mention that even petition against the tenant came to be filed on 28.1.1982. There were no arrears of house tax by the time when petition came to be filed. Still further, the landlord did not appear in the witness box to even orally state that the house tax for the period prior to 1981-82 had not been paid by the tenant.