JASWANT RAI Vs. DEVI DASS

JUDGEMENT

(1.) THIS is a landlord's revision petition against the decision of the Appellate Authority reversing on appeal the order of the Rent Controller ordering ejectment of the tenant.

(2.) THE shop situate in Jullundur and belonging to Jaswant Rai, was given on a monthly rent of Rs. 30/- to Devi Dass. On 21st August, 1968, an application for the eviction of the tenant was made by the landlord under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, hereinafter called the Act, on a number of grounds. But in the present petition, we are only concerned with one of them, viz, non-payment of rent for 32 months, amounting to Rupees 960/-, with effect from 1st December, 1965, to 31st July, 1968.

(3.) THE position taken by the tenant was that he had already deposited Rs. 90/- on 22nd March, 1966, in the Court of the learned Senior Subordinate Judge at Jullundur under Section 31 of the Punjab Relief of Indebtedness Act for payment of the landlord. Another sum of Rs. 870/- was similarly deposited by him on 14th August, 1968, after the had received the notice dated 1st August, 1968, from the landlord asking him to vacate the premises. Thus the rent according to the tenant, had been paid upto 31st July, 1968.