DALIP SINGH ALIAS DEEPA Vs. SHRIMATI MAYA DEVI

JUDGEMENT

(1.) THE facts giving rise to this revision are that the present respondent Maya Devi had filed an application under section 13 of the East Punjab Urban Rent Restriction Act, 1949, for ejectment of the present petitioner from a portion of a house situated in Model Town, Chheharta. According to Maya Devi, the petitioner was a tenant in the demised premises on a monthly rent of Rs. 15/- Ejectment was prayed on the ground that the tenant was in arrears of rent since February, 1969.

(2.) ON the first date of hearing, the tenant did not tender arrears of rent. On the other hand, he filed a written statement contesting the claim of Maya Devi and pleaded that the house in dispute originally belonged to one Maghar Singh who died on 17th January, 1969 leaving behind Lal Devi, Tej Kaur, Teja Singh and Waryan Singh as heirs. He further pleaded that the rent for the period in dispute had been paid to Teja Singh aforesaid.

(3.) FEELING aggrieved the petitioner filed an appeal which was heard by the Appellate Authority, Amritsar. Before him only one question was urged on behalf of the tenant and it was to the effect that the document Exhibit A1 required registration and for want of registration it was not admissible in evidence. It was conceded before him on behalf of the tenant that in case the document was held to be admissible in evidence, there was nothing in the way of the land-lady to succeed in the eviction application. After considering the evidence and the language of the document the learned Authority came to the conclusion that it was a mere memorandum of an understanding between the parties to the deed and, therefore, it did not require registration. Consequently, he rejected the appeal. The tenant has now came to this Court in revision.