DARSHNA DEVI Vs. RAM LAL

JUDGEMENT

(1.) THE petitioner is the landlady who sought eviction of the present respondent from the demised premises on the ground of non -payment of rent and change of use and nuisance on account thereof. Initially, the petition was filed by one Darshna Devi who has since expired. Subsequently, his LRs were brought on record and are prosecuting this petition.

(2.) IN the petition, it was claimed that the premises were let out to the respondent at the rate of Rs.450/ - per month. The tenant was also required to pay the house -tax in the eventuality of it being levied. The respondent was stated to be in arrears of rent from 1.1.1987 to 15.3.1990. It was pleaded by the petitioner that the rent had been paid till 31.12.1986.

(3.) IN so far as the other issues regarding to change of use and nuisance are concerned, they are no longer germane to the present controversy as the challenge to these issues was not pressed by the petitioner before the Appellate Court. The Surviving issue therefore, is regarding the non -payment of rent.