BHAGWAN SINGH Vs. BASANT CYCLE STORES, LUDHIANA

JUDGEMENT

(1.) THIS is a petition under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short, 'the Act') for setting aside order dated 12.12.1979 passed by Rent Controller, Ludhiana and judgment dated 6.3.181 rendered by Appellate Authority, Ludhiana in Miscellaneous Civil Appeal No. 61/16 of 1980. The facts :

(2.) PETITIONER -Bhagwan Singh filed an application before Rent Controller, Ludhiana under Section 13 of the Act for eviction of the respondents from Shop No. B.XVI-564/565 situated on Gill Road, Ludhiana on the ground of non-payment of rent since 1.1.1977 at the rate of Rs. 125/- per month and house tax at the rate of 15%.

(3.) THE petitioner filed replication to controvert the averments contained in the reply of the respondents. He relied on rent note dated 6.12.1963 executed by the respondents and pleaded that they cannot deny his title. He further pleaded that the respondents had been paying rent admitting him to be the landlord and, therefore, they were estopped from questioning his title. He also relied on the fact that ejectment applications dated 1.11.1976 and 10.1.1977 filed by him were got dismissed by the respondents by paying arrears of rent together with house tax.