KAUSHALYA DEVI Vs. MAJOR DHANI RAM RETD

JUDGEMENT

(1.) The only point to be determined in these two connected revision petitions is whether there has been compliance with the proviso to Section 13(2)(i) of the East Punjab Urban Rent Restriction Act, 1949 , hereinafter called the Act.

(2.) Shrimati Kaushalya Devi is the owner of a residential house and a vacant site, situate in the City of Hoshiarpur. According to her, she had given the house to Major Dhani Ram on rent at Rs. 40/- per month since 1959 and the vacant site had been given to him on a monthly rent of Rs. 25/- since 1963. In March, 1969, two applications were made by her against the tenant for his eviction under Section 13 of the Act and the ground for eviction, with which we are concerned in the present revision petitions, is that the tenant was in arrears of rent from 1st January, 1967 top 31st March, 1969.

(3.) The defence taken by the tenant was that both the residential house and the vacant site formed one premises which had been given to him of rent at Rs. 40/- per mensum.