SUBHASH Vs. YASH PAL

JUDGEMENT

(1.) The tenant-petitioner is before this Court by way of instant revision petition filed under Section 15(5) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (in short "the Act") for assailing the judgment dated 31.1.2002 passed by the Rent Controller which on appeal was affirmed by the appellate authority vide judgment dated 8.4.2005. The landlord-respondent by way of a petition under Section 13 of the Act sought ejectment of the tenant-petitioner from the demised premises on three counts:--

(2.) Upon notice of the ejectment petition, the tenant-petitioner filed written statement raising various preliminary objections. Besides admitting the relationship of the landlord and the tenant, the rate of rent was disputed. It was pleaded that the demised premises were rented out at the rate of Rs. 200/- per month including house tax. It was further pleaded that the rent for the period in dispute had already been paid but to avoid the ejectment order, the amount was again paid. The other averments were denied and a prayer for dismissal of the petition was made.

(3.) From the pleadings of the parties, the Rent Controller framed the following issues:--