LAWS(P&H)-2005-5-17

YASH PAL Vs. BRIJ LAL

Decided On May 31, 2005
YASH PAL Appellant
V/S
BRIJ LAL Respondents

JUDGEMENT

(1.) TENANT , Yashpal, is the petitioner before this Court. He has assailed the order dated April 24, 1986 passed by the learned Appellate Authority, whereby an ejectment order has been passed against him.

(2.) LANDLORD , Brij Lal, filed an ejectment petition on January 20, 1978 against the tenant, Yashpal. Ejectment of the tenant was sought on the ground of non- payment of arrears of rent with effect from April 21, 1996 and also on the ground that the tenant had ceased to occupy the premises in question for a period of more than 4 months, without sufficient cause with effect from April 21, 1976. It was pleaded by the landlord that the premises in question had been taken on rent by the tenant with effect from July 21, 1969 at the rate of Rs. 80/- per month and a rent note in this regard was executed on February 21, 1970. The grounds of ejectment were contested by the tenant, in his reply filed before the Rent Controller. The arrears of rent along with costs and interest were paid by the tenant on the first date of hearing. The tenant, however, denied that he had ceased to occupy the premises in question as was alleged by the landlord. He claimed that the premises was being used, as usual, by him. The landlord, in his replication, claimed that the aforesaid tender of rent was not legal and valid.

(3.) AN appeal was filed by the tenant before the Appellate Authority. In appeal, a grievance was made by him that he had not been given sufficient opportunity to lead evidence. Accordingly, vide order dated April 23, 1982, the Appellate Authority, directed the Rent Controller to provide further opportunity to lead evidence to the tenant and in rebuttal to the landlord and to submit a report to the Appellate Authority, thereafter.