SATISH KUMAR Vs. VED RAJ GARG

JUDGEMENT

(1.) This petition under section 15(5) of East Punjab Rent Restriction Act 1949 (for short the Act) has been filed against the order dated 9.11.2005 passed by the learned Rent Controller, Dhuri whereby the petitioner-tenant has been directed to pay arrears of rent which is admittedly Rs. 600/- per month w.e.f. 11.12.1990 till the filing of the application along with interest at the rate of 6% per annum till the date of payment of the arrears of rent and costs of Rs. 700/- already assessed in the present case.

(2.) Learned counsel for the petitioner submits that the tenant-petitioner has made payment of rent at the rate of Rs. 600/- per month to one of the co-owners namely Kulwant Singh w.e.f. 1.7.1995 to 31.12.2002. It is contended that the receipts given by Kulwant Singh, co-owner are already on record. It is also contended that the land-lord respondent in his petition dated 24.4.2002 has stated that he is entitled to receive rent of 1/9th share of the total rent from the petitioner-tenant which in fact the petitioner has paid to the land-lord-respondent upto 9.12.1990.

(3.) After giving my thoughtful consideration to the contentions of the learned counsel appearing for the petitioner it may be noticed that as per the averments in the petition dated 24.4.2002 of the landlord-respondent, it is averred that the premises in dispute was taken on monthly rent of Rs. 600/- vide rent note dated 10.11.1978 from various persons including the petitioner. The learned Rent Controller found that there is no letter of authority authorizing Kulwant Singh, stated to be the co-owner to receive rent and therefore the petitioner cannot take the benefit of the fact that he has paid all arrears of rent to said Kulwant Singh.