BHIM SAIN NARDOSH KUMAR Vs. RAJ PAL

JUDGEMENT

(1.) THIS is tenant's revisionpetition against the order of appellate authority whereby the appeal filed against the order of Rent Controller dated 19-2-1990 was dismissed.

(2.) BRIEFLY put, Raj Pal filed an ejectment application against the petitioner seeking eviction from a shop en the grounds that : (i) respondents have not paid or tendered rent from 16-8-84 to date at the rate of Rs. 100/- per month ; (ii) respondents have not paid or tendersd any house-tax from 16-8 1984 to date ; (iii) shop in dispute has become unsafe and unfit for human habitation ; and (iv) respondents have effected material alterations in the shop in dispute without the consent of the landlord.

(3.) IN reply to the notice received from the court, the petitioner put in appearance, controverted the various allegations levelled and further contended that the earlier application filed for their eviction from the shop in dispute was dismissed by the Rent Controller vide order dated 5-3-1983. Not only this, the appeal preferred by the other side against the order of the Rent Controller too was dismissed. Once again another application was filed by erstwhile owner Sadhu Ram and the same was got dismissed as withdrawn. The petitionerstenants further challenged the rate of rent as now sought to be claimed by the landlord.