HARI RAM Vs. DHARI LAL

JUDGEMENT

(1.) The tenant is in revision against the order of the Appellate Authority, Jagadhari dated 25.04.1985 by which order of the Rent Controller, Jagadhari dated 13.5.1992 has been reversed and the tenant has been ordered to vacate the demised premises.

(2.) In brief, the landlord filed the eviction petition in respect of the shop measuring 10' x 10' which was allegedly let out to the petitioner on a monthly rent of Rs. 300/- plus house tax. The ejectment was sought only on the ground of arrears of rent w.e.f. 1.11.1985 to 31.08.1998 calculated @ Rs. 300/- per month amounting to Rs. 10,200/- and Rs. 1275/- as house tax.

(3.) In reply, it was urged that the rate of rent is Rs. 125/- per month including house tax which has been paid upto the month of July, 1988 but the landlord or his son has not issued any receipt regarding the payment of rent for the month of July, 1988, therefore, the tenant had to pay the rent for the month of July, 1988 and August, 1988 @ Rs. 125/- per month including the house tax and costs assessed by the Rent Controller. It was alleged that the landlord has already received rent upto 30.6.1988 against the receipts which are duly signed by his son. It was also alleged that the respondent and his son used to get their bye-cycles repaired from the tenant on monthly basis, the amount of repair was deducted from the rent payable and the balance amount of rent was always paid. The receipt has been signed by Jatinder, son of the landlord. It was thus, submitted that the tenant is not in arrears of rent.