SANT PIARE LAL Vs. SAT PAUL

JUDGEMENT

(1.) This civil revision petition by the petitioner-landlord is directed against concurrent finding of dismissal of his eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short, the Act) by the Rent Controller, Ferozepur on 8.8.1997 (Annexure P-1) as also of appeal (Annexure P-2) by the Appellate Authority under the Act on 2.3.2000.

(2.) Sole ground for eviction of tenant from the premises i.e. shop in dispute was non-payment of rent w.e.f. 1.4.1991 @ Rs.550/- per month.

(3.) Contesting the eviction petition, plea of the respondent-tenant before the Rent Controller was that monthly rent was not Rs.550/- but was Rs.250/- and that rent upto November, 1993 stood paid though no receipts were being issued by the landlord. It is claimed that the rent used to be paid in presence of the named persons and of other tenants of the landlord. Thus, not only period of arrears of rent but even rate of rent was subject matter of adjudication before the Rent Controller.