DHARAM PAL Vs. JANKI NATH SHARMA

JUDGEMENT

(1.) This judgment will dispose of Civil Revision Nos. 2116 and 2117 of 1984 as the questions involved therein are common.

(2.) Dharam Pal is the landlord of the demised premises which consists of a shop, whereas Janki Nath Sharma is the tenant under him. Janki Nath Sharma tenant filed an application under Section 12 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') for getting the necessary repairs made by the landlord, on 23rd October, 1979, whereas the landlord (Dharam Pal) filed an ejectment application under Section 13 of the Act for ejectment of his tenant on 20th december, 1979. Both the authorities below have allowed the application filed on behalf of the tenant under Section 12 of the Act, while the application for ejectment under Section 13 of the Act filed on behalf of the landlord has been dismissed. Civil Revision No. 2116 of 1984 arises out of the application under Section 12 of the Act and Civil Revision No. 2117 of 1984 has arisen out of the ejectment application filed by the landlord.

(3.) It is the common case of the parties that earlier the landlord filed an application for the ejectment of his tenant on 4th November, 1970 (copy Exhibit R-3), whereas the tenant also moved an application under lection 12 of the Act on 27th October, 1970 (copy Exhibit R-6) in Civil Revision No. 2117 of 1984. The ground for ejectment pleaded in the application under Section 13 of the Act was that the building had become unsafe and unit for human habitation. Both the applications were compromised by the parties. By virtue of the said compromsic, the rent of the premises was enhanced from Rs. 20/- to Rs. 100/- per mensem. Consequently, both the applications were dismissed.