VAS DEV Vs. ASHOK KUMAR

JUDGEMENT

(1.) THIS is tenant's revision petition against the order of appellate Authority whereby it set aside the order of Rent Controller, and passed order of ejectment against the tenant The ejectment of the tenant was ordered by the appellate Authority only on the ground or of non-payment of rent.

(2.) THE landlord (respondent herein) filed an ejectment petition against his tenant (petitioner herein) on the ground that he has failed to pay the arrears of rent w. e. f. 7th April, 1972, upto-date. The ejectment petition was filed on 5-4-1984. On the first date of hearing the tenant made a statement that he has already paid the rent upto 31-12-1982 and therefore, tendered the rent from 1-1-1983 to 31-3-1985 at the rate of Rs. 8/- per month. The landlord had claimed the rent at the rate of Rs. 30/- per month. The Rent Controller dismissed the ejectment petition of the respondent after finding that the rate of rent is Rs. 18/- per month, and not Rs. 30/- per month as claimed by the respondent. The petition for ejectment on the ground of non-payment of rent was rejected merely because that the rent in the petition was being claimed for the period over 12 years and there was no explanation from the side of the landlord- as to why he kept quiet for such a long time, and the version of the tenant that he had already paid the rent was accepted.

(3.) ON appeal by the landlord-respondent, the appellate Authority set aside the order of Rent Controller and passed an order of ejectment against the tenant, after finding that the tenant failed to prove that the rent claimed to have been paid by him, was actually paid. This order of the appellate Authority has been impugned by the tenant in the present revision petition.