S.C. BHANDARI Vs. SURESH KUMAR

JUDGEMENT

(1.) THE instant revision is filed by the tenant to challenge the concurrent findings of the courts below whereby he has been ordered to be evicted from the premises comprising of a portion of House/Annexe No. 66, Ambala Cantt, comprising of two rooms, one bath room and a kitchen.

(2.) ACCORDING to the respondent -landlord, the premises was rented out to the petitioner @ Rs. 2500/ - per month w.e.f. 01.04.2003 with a stipulation to increase the rent by 10% every year. When the eviction petition was filed the rent of premises so calculated was stated to be Rs. 4868/ - per month. The eviction of the petitioner was sought on the ground that the petitioner was in arrears of rent. The petitioner had been making payment of rent @ Rs. 3000/ - per month but failed to pay the increased rent as agreed. There was, thus, an amount of Rs. 32,809/ - outstanding against the petitioner -tenant towards arrears for the period from 01.04.2009 to 31.10.2010. The arrears of rent upto 31.03.2009 were paid in the previous eviction application and the present case was filed without prejudice to the rights of respondent -landlord in the pending eviction case.

(3.) THE respondent also filed the rejoinder. Learned Rent Controller framed the following issues from above pleadings of the parties: -