GURCHARAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS landlords revision petition against the order of the order of the appellate authority whereby the order of the Rent Controller was reversed, thus dismissing the eviction application.

(2.) THE petitioners sough eyiction of the respondents from the ground floor of SCO No. 315-316/35b Chandigarh, on the ground of non payment of rent. In response to the notice issued by the Court the respondents put in appearance and filed written statement contesting the various grounds of ejectment. The stand taken by the respondents was that they had never agreed for the enhancement of rent as regards payment of rent. They claimed that the rent had already been paid. The precise stand of the respondents, as given in para No. 3 of the written statement, is hereunder reproduced as reference to the same will be made in subsequent part of the judgment. Para No. 5 of the written statement reads as under:-

(3.) THE case set up by the petitioners was that the respondents agreed to the enhancement of rent to the extent of 25% per annum and so the rate of rent was Rs. 4850/-per month. Since this amount had not been paid or tendered, the respondents are liable to be vacated.