HUKAM CHAND Vs. SAVINDER SINGH ALIAS CHHINDA

JUDGEMENT

(1.) BY this common order, I propose to dispose of two connected matters, namely, Civil Revision No. 926 of 1987 and Regular Second Appeal No. 2356 of 1998. C.R. No. 926 of 1987 Before I might proceed to dictate the order in this case, I would like to mention that Mr. A.K. Kanwar, Advocate, who represents the respondent-tenant, was not present on 8.10.2003 when following order was passed :-

(2.) WHEN the matter, however, came up for hearing on 29.10.2003, following order was passed :-

(3.) OFFICE note dated 6.12.2003 shows that letter was sent to Mr. A.K. Kanwar, Advocate, and he was informed of the date fixed. Despite all indulgence given to learned counsel for the respondent, who was otherwise not supposed to be written any letter for intimation of the date of hearing and was supposed to appear inasmuch as the matter had been shown on number of occasions in the cause list, all attempts made by the Court to secure his presence have proved abortive. The Court is, thus, left with no choice but for to proceed with the matter in absence of counsel for the respondent. This revision has been filed by Hukam Chand, landowner of the demised premises, who sought eviction of the respondent-tenant on the ground of non- payment of rent. It has been the case of the petitioner that Savinder Singh, respondent herein, was inducted as a tenant in the demised premises at the rate of Rs. 150/- per month and the tenancy was created three years prior to the institution of the application and further that no rent had been paid by Savinder Singh since March, 1981. The application was contested by Savinder Singh, who tendered the rent on the first date of hearing at the rate of Rs. 80/- per month for four months and asserted that the remaining amounts had already been paid. He also took a plea that the application for eviction had not been filed by a proper person and that no relationship of landlord and tenant existed between him and Hukam Chand, the petitioner herein, as the demised premises had been let out by Avtar Singh Bhalla, who had now filed the application as attorney of Hukam Chand. On the pleadings of the parties, learned Rent Controller framed the following issues :-