SURINDER SINGH Vs. GURBACHAN SINGH

JUDGEMENT

(1.) This is tenant's revision petition challenging the order dated 20.02.2010 of Rent Controller, Amritsar whereby his eviction has been ordered and further the judgment dated 10.10.2012 passed by the Appellate Authority, Amritsar dismissing his appeal.

(2.) Suffice it to say, eviction of the petitioner has been ordered on the ground of non-payment of rent and that he has ceased to occupy the demised premises.

(3.) So far as eviction on the ground of non-payment of rent is concerned, it may be noticed that the respondent claimed rent @ Rs. 140 per month with effect from July 1989. It may be noticed that rate of rent was not disputed by the petitioner. On 10.12.2001 when petitioner appeared, the Court assessed the costs at Rs. 200 and granted opportunity to tender the rent @ Rs. 140 per month. However, petitioner tendered rent @ Rs. 140 per month with effect from 01.04.2000 to 30.11.2001 and no explanation was submitted regarding the rent for the period with effect from July 1989 upto 31.03.2000, thus the petitioner failed to tender the due amount on the first date of hearing as envisaged under the Act. It is well settled that payment of rent is to be proved by the tenant. In the instant case petitioner has made an effort to prove the payment of rent for the said period from receipt Ex.R-74 to Ex.R-138. However, these receipts are in Urdu and remained unproved as RW-2 Jagdish Sharma, who allegedly proved Punjabi script of the original receipts, admitted that he does not know Urdu language. Neither the scribe of the said receipts has proved the receipts nor the true translation of Urdu receipts has been proved as per High Court rules. Thus, payment of rent for the said period remained unproved and no fault can be found with the same. After claiming to have paid the rent for the period in dispute and failing to prove the same, petitioner was not entitled to any further opportunity to make up deficiency of rent after final decision.