MANOHAR LAL Vs. LACHHMAN SINGH

JUDGEMENT

(1.) This is landlord's revision petition whose application for ejectment of this tenant from the premises in question, has been dismissed by both the authorities below.

(2.) The landlord petitioner sought the ejectment of his tenant from the premises in dispute which consists of a room, in a house on the ground of non-payment of arrears of rent and for bonafide requirement for his own use and occupation. It was alleged that the house in dispute was let out to the respondent at the monthly rent of Rs. 25/- and the tenant was in arrears of rent from 15.6.1972 to 28.4.1976.

(3.) The application was resisted inter alia on the ground that the rate of rent was Rs. 5/- per mensem and not Rs. 25/- p.m, as alleged. The arrears of rent at the rate of Rs. 5/-, along with house tax, interest and costs, amounting to Rs. 246/- were deposited on the first date of hearing. The rent at the rate of Rs. 5/- was paid from 1.4.1973 to 28.4.1976. The allegation regarding the personal bonafide requirement for own use and occupation was denied. Before the Rent Controller, at the time of arguments, the plea of personal necessity was given up. On the question of payment of arrears of rent, the learned Rent Controller found that the rate of rent was Rs. 5/- per mensem and the tender made on the first date of hearing was valid. Consequently, the application was dismissed. In appeal, the learned Appellate Authority affirmed the said finding of the learned Rent Controller and thus, maintained the order rejecting the application for eviction. Dissatisfied with the same, the landlord has come up in revision in this Court.