LAWS(P&H)-2004-9-17

JAWAHAR LAL Vs. BAL KRISHAN

Decided On September 08, 2004
JAWAHAR LAL Appellant
V/S
BAL KRISHAN Respondents

JUDGEMENT

(1.) THIS Civil Revision is directed against the order of the Appellate Authority, Jind, dated 7.6.1985 dismissing the appeal of the petitioner-landlord against the order of the Rent Controller, Narwana, dated 19.8.1983.

(2.) PETITIONER -Jawahar Lal, landlord, filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, against his tenant-Bal Kishan for ejectment from the shop situated at Narwana on the grounds of non- payment of arrears of rent besides the House Tax and also on the ground that respondent had materially impaired the value and utility of the premises by making additions and alterations in the demised premises.

(3.) ON a consideration of oral and documentary evidence led by the parties, both the authorities held that the shop had been let out at an annual rent of Rs. 6,000/- and the liability to pay tax rested on the landlord. For this purpose, they referred to the rent note which provided that "Tax Ba-zimma Malak Dukan Hoga". This clearly showed that the tax liability was on the landlord.