HARI CHAND Vs. KISHORI LAL

JUDGEMENT

(1.) HARI Chand petitioner has approached this Court by the instant petition filed under sub-section (6) of Section 15 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for brevity, 'the Act') challenging the order dated February 27, 1985 passed by the Appellate Authority, Jind, dismissing his ejectment application. The only ground taken in the ejectment application was payment of arrears of rent and house tax with effect from May 1, 1982 to December 31, 1982.

(2.) THE landlord-petitioner filed Rent Case No. 53 of December 15, 1982 pleading that the demised premises was let out to the tenant-respondent on September 1, 1972 at a monthly rent of Rs. 70/- and a rent note to that effect was also executed between the parties on April 1, 1977. The fair rent of the shop was fixed at Rs. 82/-. He sought ejectment of the tenant-respondent on the ground of non-payment of rent from May 1, 1982 to December 31, 1982. He also pleaded that the increase in the house tax to the extent of 5% with effect from April 1, 1981 has also not been paid. A registered notice to that effect was given by the landlord-petitioner to the tenant-respondent.

(3.) IN his written statement, the tenant-respondent took the stand that he was not liable to pay the house-tax and disputed the receipt of notice from the landlord-petitioner. On the basis of pleadings of the parties, the following issues were framed :