VASDEV Vs. SURINDER NATH

JUDGEMENT

(1.) THIS revision petition has been filed by the tenant against the judgment of the Appellate Authority, Rupnagar, dated 10th August, 1977.

(2.) BRIEFLY , the facts are that an application for ejectment was filed by the landlord against his tenant, inter alia, on the ground that the latter had not paid the rent at the rate of Rs. 7/- per mensem with effect from 12th October, 1967 to 2nd June, 1972. The petition was contested by the tenant who controverted the other allegations of petitioner. However, he tendered the rent with effect from 12th February, 1968 to 14th June, 1972. He further pleaded that he had already paid the rent from 12th October, 1967 to 11th February, 1968.

(3.) THE short question that arises for determination is whether the petitioner had paid the rent from 12th October, 1967 to 11th February, 1968 to the landlord or not. Mr. Pipat learned counsel for the petitioner, has vehemently argued that the petitioner had paid the rent for aforesaid period to Shri Amrit Lal Jain, Advocate, who was the counsel for the landlord in a previous application for ejectment and the latter had paid the same to the respondent. He made reference to the statement of Shri Amrit Lal Jain and the receipt given by him to the petitioner. On the other hand, Mr. Yashpal Gandhi, learned counsel for the respondent, has urged that after appreciating Shri Jain's statement and other evidence, the Appellate Authority held that the rent of the said period had not been paid to the landlord. He submits that the finding of fact given by the Appellate Authority cannot be upset in the revision petition.