KARPOORI THAKUR Vs. DEWAN CHAND

JUDGEMENT

(1.) DEWAN Chand (landlord) filed application No. 37/2 of 1.8.1997/26.11.1991 under section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 against Karpoori Thakur (tenant) whereby he sought his ejectment from the shop shown by letters ABCD in red in plan attached to the application situated at Jagdish Colony, Mohna Road, near Akash Cinema Ballabgarh on the ground that he has been in arrears of rent @ Rs. 800/- per month for 36 months period amounting to Rs. 21,800/- which he has failed to pay.

(2.) KARPOORI Thakur resisted the application. It was denied that he was a tenant at a rental of Rs. 600/- per month. He tenanted this shop in October, 1981 at a rental of Rs. 275/- per month. In the year 1983, rent was increased to Rs. 300/- per month. Thereafter, rent was increased to Rs. 350/- per month. At present, the rent is Rs. 350/- per month. He has been regularly and continuously paying rent. He has paid rent upto October, 1993 in advance. His tragedy is that he (landlord) never gave him any receipt in token of realisation of rent.

(3.) DEWAN Chand filed another ejectment application No. 7/2 dated 10.2.99/16.10.95 against Karpoori Thakur on the ground that he has been in arrears of rent @ Rs. 600/- per month from November 1993. As regards rent for the period prior to November, 1993, he stated the same was due from him but on that account there is already ejectment application pending against him namely 37/2 of 1.8.1997/26.11.1993.