BANSI LAL BULLAKI RAM Vs. SANT RAM CHOPRA

JUDGEMENT

(1.) THIS revision petitioners under S. 15 of the East Punjab Urban Rent restrictions Act, 1949 (East Punjab Act No. 111 of 1949) hereinafter referred to as the Act, filed by Bansi Lal is directed against the judgment of learned District and sessions Judge, Jullundur who is the appellant authority under the Act, affirming on appeal the decision of the Rent premises in dispute was made in favour of Sant ram Chopra respondent against the petitioners.

(2.) THE respondent filed application on 27th August 1963 under S. 13 of the Act to eject the petitioners from the premises in dispute which comprise a house situate in mohalla Kishanpura, Jullundar City. This house was initially evacuee property and the petitioners was occupying it as tenant under the Custodian on a monthly rent of Re. 1 Subsequently on 6th December 1957 the house was purchased by girdhari Lal brother of the respondent. Girdhari Lal, however, died leaving the respondent as his only heir and as such the sale certificate dated 29th June 1963 was issued in favour of the respondent. The respondent sought the ejectment of the petitioner on the ground that arrears of rent amounting to Rs. 36 for the period from 21st August 1960 to 20th August 1963 were due from the petitioners and has not been paid by him. Another ground of ejectment was that the petitioners had damaged the house so as to impair its value and utility.

(3.) ON 18th November 1963 which was the first date of hearing the petitioners paid Rs. 36 on account of arrears of rent, Rs. 2 on account of interest and Rs. 25 on account of costs which were assessed by the Rent Controller. The respondent received that amount under protest and stated that the interest paid was less than the amount calculated at the rate of 6 per cent per annum. The petitioners in his written statement denied the allegation about his having damaged the premises in dispute.