CHAND TARI Vs. SIKANDER

JUDGEMENT

(1.) CHAND Tari petitioner owns a house in Billa Wali Gali, Sonepat in which the respondent is in occupation of a room as a tenant. The petitioner filed ejectment application against the respondent in January, 1979 on the grounds of non-payment of arrears of rent for 3 years at the rate of Rs. 10 per mensem and personal requirement. The respondent denied that petitioner required the premises for her own use or that he was liable to pay rent at the rate of Rs. 10 per mensem. According to him, the agreed rate of rent was Rs. 2 per mensem.

(2.) THE Rent Controller, vide order dated 17.11.1981, held that the agreed rate of rent was Rs. 2 and not Rs. 10 p.m. and he was not liable to pay house-tax. The arrears of rent at the rate of Rs. 2 p.m. having been tendered, the respondent was not liable to be ejected on this ground. It was further held that the petitioner did not bonafide require the premises in dispute for her personal use. The ejectment petition was dismissed. The petitioner filed an appeal against the order of the Rent Controller which was dismissed by the Appellate Authority vide order dated 20.8.1982. It is against this order that the present revision petition is directed.

(3.) THE petitioner has claimed house-tax besides rent. The petitioner has failed to produce cogent evidence to prove that the respondent had agreed to pay house-tax as well. This apart, the petitioner has also failed to lead any evidence to prove that the house-tax had been levied at the time when the premises was let out to the respondent. It is not disputed that the petitioner has not given any notice to the respondent regarding the payment of house-tax. In case the house tax was levied after the commencement of the tenancy, the petitioner cannot claim house-tax without issuing the requisite notice. The petitioner is, therefore, not entitled to house-tax, besides the agreed rate of rent from the respondent.