BOTH RAM Vs. MATHRA DASS

JUDGEMENT

(1.) This is a revision petition by the tenant against the order of the Appellate Authority, Patiala, dated April 8, 1973, whereby the ejectment order dated December 11, 1974, passed by the Rent Controller was upheld.

(2.) Mathra Das, the owned of the shop in dispute, filed an ejectment application under section 13 of the East Punjab Urban Rent Restriction Act (hereinafter called the Act), with the allegations that the said shop was rented out to the petitioner for carrying on business of selling of fuel-wood, on February 9, 1959 vide rent note Exhibit A.W. 6/A, that the petitioner had started running a dairy on the disputed premises, selling of green fodder and dry chaff that the tenant has constructed two Kothas on the said premises without the written permission of the respondent and that the tenant had failed to pay rent from April, 1973. The arrears of rent were duly paid on the first date of hearing and the other allegations of the landlord were denied by the tenant. On the pleadings of the parties, the following, issues were framed

(3.) Whether the notice under section 106 T.P. Act is invalid ?