KAUSHAL SHARMA Vs. SUBASH CHANDER BAWA

JUDGEMENT

(1.) Petitioner(tenant) is in revision under Article 227 of the Constitution assailing the order dated 13.04.2011 passed by the learned Rent Controller Ludhiana whereby for non tendering of the assessed provisional rent on the date of hearing, order of eviction has been passed; further challenge is to the zimni order dated 3.09.2011(P-5) whereby the execution application filed by the landlord has been disposed of as fully satisfied in view of the possession through bailiff of the demised premises having been handed over.

(2.) In brief, it is apparent that the respondent(landlord) filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act(hereinafter after referred to as the 'Act') from the demised premises comprising of two rooms, kitchen, bath room latrine on the ground floor forming part of property no.HJ 419, Bhai Randhir Singh Nagar, Ward No.44, Housing Board Colony, Ludhiana, on the ground of non payment of rent since 01.02.2006 at the rate of Rs.1400/- per month till 30.11.2008.

(3.) Upon notice petitioner(tenant) filed reply admitting the tenancy but denying the ownership of the landlord and also denied the rate of rent by submitting that same was Rs.1000/- per month including water and electricity charges.