AMRIT SAGAR KAYSHAP Vs. MOHINDER SINGH

JUDGEMENT

(1.) THE landlord in this petition under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') assails the legality of the order dated 28.1.1989 passed by the Appellate Authority, Chandigarh whereby the appeal of the petitioner against the order dated 21.8.1987 of the Rent Controller, Chandigarh seeking ejectment of the tenant-respondent has been dismissed.

(2.) THE petitioner is the owner and landlord of Booth No. 41, Sector 11-D, Chandigarh. He filed a petition under Section 13 of the Act for the ejectment of the respondent from the said booth. It is alleged that the demised premises were let out to the respondent at a monthly rent of Rs. 450/- vide lease deed dated 18.11.1974. The rent was exclusive of water and electricity charges and was payable in advance by 7th of each month. It was agreed between the parties that, in case the respondent pays the said rent in advance by 7th of each month, then a rebate of Rs. 60/- will be given for the said month and in the event of his failure to pay the same by the due date, the respondent shall pay Rs. 450/- per month. This rebate was applicable for the period of tenancy, that is, for 11 months. It is alleged that the respondent did not prove to be a good tenant and he did not pay the rent to the petitioner as agreed. The respondent was in arrears of rent since February 1985 and a sum of Rs. 2250/- had become due on that account, which he had not tendered to the petitioner despite repeated demands. On this ground, the respondent had made himself liable for eviction from the demised premises on account of non-payment of rent.

(3.) THE petitioner filed his replication to the written statement of the respondent in which he reiterated his assertions made in the petition and denied those in the written statement.