RAJINDER SINGH Vs. HARJIT SINGH

JUDGEMENT

(1.) I. Issue of non -payment of rent, the only relevant point.

(2.) THE revision petition is at the instance of the tenant challenging the orders passed by the Rent Controller and the appellate authority directing eviction on the ground of non -payment of rent alleged by the landlord as having occurred from July 1990 to April 1994. There was an additional ground of personal necessity also made by the landlord, but it has been declined by both the courts below. I asked the counsel for the respondent whether he would place his arguments on personal necessity but he says that he will confine his arguments only to the issue relating to the nonpayment of rent as a ground of eviction. The case, therefore, would take attention only to examining whether the plea of non -payment of rent was established or not.

(3.) THE Rent Controller originally found that the plea of the landlord that the rent was Rs. 2,200/ - per month was not correct and that it was only Rs. 650/ - per month. He also held that there was no default in payment of rent and the default, as pleaded by the landlord, had not been established and on the second ground relating to the personal necessity, the court found that it was not established and ultimately proceeded to dismiss the landlord's petition.