TIRATH SINGH Vs. VARINDER PAL

JUDGEMENT

(1.) TIRATH Singh petitioner is the owner of Shop No. 4 forming part of property No. B-XI/358, Fateh Ganj Benjman Road, Ludhiana, which is in occupation of Varinder Pal respondent as a tenant. To start with, the respondent occupied the shop as a tenant under Sardara Singh, brother-in-law of the petitioner with effect from February 18, 1970, at Rs. 75/- per month. Sardara Singh filed an ejectment application against the respondent on the ground of non-payment of arrears of rent with effect from November 1, 1971 to October 30, 1972. The respondent tendered the arrears of rent alongwith interest and costs on the first date of hearing and the amount was received by Sardara Singh on December 21, 1972. The ejectment application was dismissed. Sardara Singh filed another ejectment application against the respondent on the same ground of non-payment of arrears of rent for the period November 1, 1972 to March 31, 1973. The respondent tendered the arrears etc. and the ejectment application was dismissed on April 26, 1973. Saradara Singh filed the third ejectment application against the respondent again on the ground on non-payment of arrears of rent from April 1, 1973 to August 31, 1973. The arrears were paid by the respondent to Sardara Singh and the ejectment application was dismissed on August 24, 1973.

(2.) ON July 12, 1972, the respondent filed a suit for a declaration against the petitioner and Sardara Singh respondent that he was a tenant of the shop directly under the petitioner at the Rs. 80 per month. The Subordinate Judge, Ludhiana, vide order dated August 23, 1874 held that Tirath Singh petitioner had got the rent note executed from the respondent in favour of his close relation with a view to save himself from the liability to pay house tax and in fact the respondent was in possession of the shop as a tenant under the petitioner at Rs. 80 per month.

(3.) THE Rent Controller vide order dated March 17, 1976, held that the tender of rent made by the respondent was valid and consequently dismissed the ejectment application of the petitioner. The petitioner having failed in appeal which was dismissed by the Appellate Authority vide order dated May 9, 1977, has filed the present revision.