SANJEEV KUMAR Vs. KRISHAN GOPAL LAMBA

JUDGEMENT

(1.) Petitioners(Tenants) Sanjeev Kumar and Des Raj have filed the present revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) against the concurrent findings returned by both the courts below, whereby the learned Rent Controller, Kharar allowed the ejectment petition filed by the respondent(landlord) on the ground of non payment of rent vide its order dated 21.01.2012 and the findings thereof have been affirmed by learned Appellate Authority, SAS Nagar, Mohali vide its judgment dated 06.08.2012. In brief, facts of the case are that respondent(landlord) Krishan Gopal Lamba filed an application under Section 13 of the Act seeking eviction of the petitioners(tenant) from the demised premises on the ground of non payment of arrears of rent, subletting the shop, and also on the ground of premises being unfit and unsafe for human habitation.

(2.) Upon notice, the petitioners(tenant) filed their reply and thereafter the learned Rent Controller, Kharar passed order dated 07.09.2011 whereby the provisional rent at the rate of Rs. 1000/- per month was assessed from 01.04.2007 to 30.04.2011 along with costs of Rs. 300/- and interest at the rate of 6% per month.

(3.) However, the petitioners(tenants) did not comply with the said order and thereafter an application was moved by the respondents(landlords) for passing of the ejectment order due to non compliance of the order dated 7.9.2011. In the said application, it was stated that the provisional rent assessed by the Rent Controller was to be paid by 15.10.2011 and the total amount had come out to be Rs. 55,180/-. As the said amount was not paid by the petitioners(tenants), therefore, their ejectment should be ordered.