KARAM CHAND Vs. PIARE LAL

JUDGEMENT

(1.) THIS is a revision petition at the instance of Karam Chand tenant against the concurrent findings recorded by the Rent Controller and the Appellate Authority ordering his ejectment under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred the 'Act').

(2.) THE facts of the case are that Karam Chand, the tenant, was occupying the premises situated in Kashmiri Bazar, Hoshiarpur on rent of Rs. 90/- per month. Piare Lal respondent-landlord filed an eviction application under Section 13 of the Act before the Rent Controller praying that the arrears of rent for the months of December, 1982 and for the period February, 1985 to April, 1985 plus house tax was payable by the tenant. The tenant resisted the application, but at the same time tendered the arrears of rent alongwith house tax in the Court on the first date of hearing and also filed the written statement alleging that he had already paid the rent for the month of December, 1982 and as such he was not liable to be evicted from the premises in dispute on that account.

(3.) UNDER issued No. 1, the Rent Controller held that it had not been proved that the rent for the month of December, 1982 had been paid and as such the tenant was liable to be evicted. The appeal filed by the tenant too was dismissed on the same premises.