SANTOSH KUMAR Vs. BHAGWANT PARSHAD

JUDGEMENT

(1.) HAVING failed in her petition for ejectment against the tenant-respondent (hereinafter referred to as the tenant), the landlady (hereinafter referred to as the landlady), has filed this revision-petition, in this court. The landlady sought the eviction of the tenant on the ground of non-payment of rent with effect from 1.1.1987. The case set up by the landlady in the ejectment petition is that about six years back the tenant took a room in the house of the landlady situated in New Patel Nagar, Nabha on a monthly rent of Rs. 125/-, which was increased to Rs. 150/- in the year 1985. The ejectment of the tenant was sought on three following grounds :-

(2.) THE tenant filed his reply in response to the notice issued to him. He claimed that he was a tenant of only one room which was in his possession and not of the other portion of the house, as alleged by the landlady. That the agreed rate of rent was Rs. 70/- per month. That arrears of rent were with effect from 1.1.1988. He tendered arrears of rent from 1.1.1988 to 30.4.1989 amounting to Rs. 1,120/- along with Rs. 50/- as interest and Rs. 30/- as costs of the petition. The tender was accepted under protest by the landlady. The tenant denied the allegations of the landlady in the ejectment petition.

(3.) AFTER considering the evidence on the record, both the courts below came to the conclusion that the agreed rate of rent was Rs. 70/- per month and the tenant had made a valid tender of the rent due. The allegation of the landlady that the rate of rent was Rs. 150/- per month, was not accepted. Similarly, on issue No. 1, it was held that the tenant was in occupation of one room.