RANJIT SINGH GILL Vs. GULWANT SINGH

JUDGEMENT

(1.) PUPINDER Singh respondent is the owner of the House No. 3292, sector 15-D, Chandigarh. His father Gulwant Singh respondent allegedly let out the barsati portion of this house to Ranjit Singh Gill petitioner. On 12th April, 1982 the respondents filed an ejectment application against the petitioner on the grounds of non-payment of rent at the rate of Rs. 285/- per month with effect from 1st August, 1979 and the change of user.

(2.) THE petitioner-tenant denied that he was in occupation of the premises since 1975, as alleged by the respondents. According to him, the premises had been taken up on rent by his sister Amarjit Kaur Gill in 1975 and that the petitioner, who had started practice as a lawyer in Chandigarh in August, 1980 was accepted as a tenant by the respondents with effect from Ist September, 1981. Amarjit Kaur Gill paid Rs. 260/- per month as rent of the premises, whereas he started paying Rs. 285/- per month with effect from 1st September, 1981. He paid the rent for the month of September, 1981, in cash and without receipt. The petitioner tendered rent at the rate of Rs. 285/- per month with effect from Ist September, 1981 in court on the first date of hearing. The Rent Controller framed the following issues :-

(3.) THE learned counsel for the petitioner has argued that the Rent Controller and the Appellate Authority have wrongly held that the petitioner is a tenant of the premises since before Ist September, 1981. In fact his sister Amarjit Kaur had taken the premises on rent in 1975. She vacated the premises in August, 1981 and the respondents accept the petitioner as a tenant of the same portion at Rs. 285/- per month. Amarjit was paying Rs. 260/- per month of the premises.