MOHAN LAL Vs. GURCHARAN KAUR

JUDGEMENT

(1.) THE tenant has filed the present revision petition aggrieved against the order of ejectment passed by the Courts below whereby he has been ordered to be ejected on the ground that he has failed to pay the arrears of rent for the period from 1.6.1977 to September, 1982.

(2.) ONE Fauja Singh was owner of the demised shop. Said Fauja Singh died on 1.6.1977. His daughter Gurcharan Kaur filed the present ejectment petition on 31.10.1983, inter alia, on the ground that the tenant is liable to be evicted on the ground of non-payment of rent which is alleged to be Rs. 300/- per month. It was the stand of the tenant that the rate of rent is, in fact, Rs. 55/- and he has been making the payment of rent to Swaran Singh after the death of Fauja Singh. In the evidence led, the landlady examined herself as AW1 and deposed that the petitioner herein was inducted as a tenant at monthly rent of Rs. 300/-. AW2 Sadha Singh and AW3 Mal Singh deposed to the similar effect. To rebut this evidence, Swaran Kaur, wife of present petitioner, appeared as RW1. Ram Lal Sehgal appeared as RW2 and deposed that the rate of rent of the demised premises was Rs. 55/- per month. RW5 Mohan Lal deposed that the rate the demised premises is Rs. 55/- per month.

(3.) THE only argument raised by the learned counsel for the petitioner is that Gurcharan Kaur has sought ejectment on various grounds including that of materially impairing of value and utility of the demised premises; nuisance to the occupiers of the building in the neighbourhood as well as of sub-letting. It was argued that since the landlady has been disbelieved on the other ground of ejectment as well as question of rate of rent, the statement of the landlady cannot be believed that the tenant has not tendered the arrears of rent from 1.6.1977. Still further, it cannot be believed that the landlady will remain keep quiet for a period of six years as she sought ejectment in October, 1983. Reliance is placed upon a decision of this Court reported as Mehar Singh and another v. Tilak Raj, 1981(2) Rent Control Reporter 657.