RAMAN KUMAR Vs. SURJIT SINGH

JUDGEMENT

(1.) THE petitioner-tenant is aggrieved against the order of ejectment passed by the courts below on the ground that the petitioner is in arrears of rent and thus liable to be ejected.

(2.) THE respondent has filed ejectment petition claiming that he is owner of Shop No. 8 situated in village Dugri, Tehsil and District Ludhiana at a monthly rent of Rs. 1000/- per month which was let out in the month of April, 1992. The tenant has failed to make the payment of rent since 1.5.1994 therefore, he sought his ejectment. The tenant has alleged that his father Dharam Parkash is tenant in the shop in dispute at a monthly rent of Rs. 200/- which includes Rs. 20/- as electricity charges. He has further stated that his father has already tendered rent up to 31.5.1995.

(3.) LEANED counsel for the petitioner has vehemently argued that the landlord had denied the execution of any rent note in respect of the shop No. 1 let out to Joginder Singh in the year 1980. But, the evidence has been produced by the landlord to show that the premises were let out to Joginder Singh in the year 1980 at the rate of Rs. 500/- per month. It is thus sought to be contended that the landlord is not a truthful witness. It was also contended that the landlord has 8 shops and it is admitted by him that Harish Khushalini A.W. 1 is the only tenant at the rate of Rs. 1000/- per month. In these circumstances it cannot be believed that the petitioner is another tenant paying monthly rent of Rs. 1000/-. The courts below have passed an order of ejectment on wholly erroneous grounds.