SIRI RAM Vs. IQBAL KAUR

JUDGEMENT

(1.) THIS is tenant's petition against whom eviction order was passed by both the authorities below.

(2.) THE landlady, Iqbal Kaur sought the ejectment of the tenant Siri Ram from the shop in dispute inter alia on the ground that the tenant was in arrears of rent with effect from 1.8.1976 and that by his acts and conduct he has impaired the value and utility of the demised premises. The ejectment petition was filed on 5.2.1979 alleging that the shop in dispute was rented at the rate of Rs. 150/- per month. In addition to the rent, the tenant was also liable to pay house tax. It was further pleaded that the tenant had removed the shutters from points 'AB' and fixed the same at 'CB' shown in site-pan in Ex. A. 4 which was Verandah and thus converted the same into a room.

(3.) LEARNED counsel for the petitioner contended that earlier another shop adjacent to the shop in dispute was rented to him in April, 1975, at the rate of Rs. 40/- per month. Later on, in place of the said shop, the present shop adjacent to the same was rented to him at a monthly rent of Rs. 50/- per month because certain additions were made therein. Thus, argued the learned counsel, the findings of the authorities below in this behalf that the rate of rent was Rs. 150/- per month was against the evidence on the record. According to the learned counsel, even the landlady showed the premises in dispute to be rented out at the rate of Rs. 50/- per month in the house tax register and paid the same at that rate. He particularly referred to the objection petition dated 27.1.1976. Ex. R. 2 filed on behalf of the landlady before the Administrator, Municipality, Ludhiana, where certain admission were made by her.