TIRATH SINGH Vs. SATISH CHAND

JUDGEMENT

(1.) Tirath Singh petitioner is the owner of Shop No. 2 forming part of property No. B-XI-358, Fateh Ganj, Banjman Road, Ludhiana, which is in occupation of the respondent as a tenant at Rs. 80/- per month. On October 21, 1974, the petitioner filed an ejectment petition against the respondent on the sole ground of non-payment of rent with effect from November 1, 1970.

(2.) The respondent denied that he was liable to pay arrears of rent since November 1, 1970. According to him, the petitioner had got the rent note executed in favour of his relation, Mohinder Singh. He had paid the rent till May 31, 1972, to the petitioner and its receipt was entered on the back of the rent note. Thereafter, the petitioner got an ejectment petition filed by Mohinder Singh against him wherein he tendered rent for the period June 1, 1972 to November 30, 1972. On July 12, 1972, he filed a suit for declaration against the petitioner and Mohinder Singh which was decreed on August 23, 1974. The Civil Court declared that the respondent was a tenant of the shop in dispute directly under the petitioner. The respondent, however, tendered rent with effect from June 1, 1972, alongwith interest and costs which was accepted by the petitioner subject to the objection that the tender was incomplete.

(3.) The Rent Controller vide order dated March 17, 1976, held that the respondent is a tenant of the shop under the petitioner with effect from November 1, 1970, and that the rent till May 31, 1972, stood already paid. The tender of rent for the period from June 1, 1972, is neither short nor-invalid. The ejectment petition of the petitioner was consequently dismissed. The petitioner filed an appeal before the Appellate Authority, who upheld the findings of the Rent Controller and dismissed the appeal vide order dated May 9, 1977. It is against this order that the present revision is directed.