SHIVSHANKER LAL Vs. KISHAN CHAND

JUDGEMENT

(1.) THE landlord has filed this rent revision under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1974, (hereinafter referred to as "the Act"), against the judgment of the learned Appellate Authority, Bhiwani, in rent Appeal No. 16 of 1983 decided on 03.04.1986, affirming the judgment of the learned Rent Controller, Charkhi Dadri, dated 12.09.1983, in Rent Application 201-R of 1980.

(2.) THE landlord (hereinafter referred to as "the petitioner", filed an application before learned Rent Controller, Charkhi Dadri, under Section 13 of the Act for the ejectment of the tenant (hereinafter referred to as "the respondent"), in respect of two shops details of which are given in the head note of the application. It was alleged that the respondent had failed to pay the rent from 01.12.1975 till the date of the institution of the application. The second ground was that the premises remained unoccupied by the respondent for more than four months prior to the date of the filing of the application. Notice under Section 8 of the Act was sent to the respondent on 09.01.1979. Therefore, the respondent is liable to pay enhanced house tax increased by the Municipal Committee in the year 1975, besides the monthly rate of rent of Rs. 30/-.

(3.) ON the pleadings of the parties, the following issues were framed by the learned Rent Controller on 16.07.1980 :-