RAM PARKASH Vs. KESHO RAM AGGARWAL

JUDGEMENT

(1.) ON 23.12.1970, the landlords filed a petition for ejectment of the tenant on two grounds, (1) that he had sublet a portion of the premises to Shiv Dayal, tailor master and (2) that the tenant was in arrears of rent from 9.2.1980 to the date of application at the rate of Rs. 10 per month. The tenant contested the petition and denied sub-letting and pleaded that the rate of rent was Rs. 3 per month and that he was in arrears with effect from 1.1.1970 onwards, which amount was tendered on the first date of hearing alone with interest and costs. The Rent Controller did not frame any issue whether the tenant was liable to be ejected on the ground of sub-letting but on other matters, issues were framed. It was found that the rate of rent was Rs. 3 per month and since the amount due was tendered on the first date of hearing the ejectment application was dismissed. The landlord's appeal before the Appellate Authority remained unsuccessful. This is landlord's revision.

(2.) AFTER hearing the learned counsel for the parties and on perusal of the record, I am of the view that there is no scope for interference in the findings of fact recorded by the authorities below on appreciation of evidence. There is no documentary evidence on the record about the rate of rent. The parties have made self-serving statements supporting their stand. In addition to the tenant's statement, we have evidence from the municipal record where the annual rental value of the premises has been shown as Rs. 36, on this basis the monthly rent comes to Rs. 3. Accordingly, I am of the view that there is no scope for interference on this matter and the findings of the authorities below be upheld.

(3.) FOR the reasons recorded above, this revision is devoid of merit and is hereby dismissed. However, the parties are left to bear their own costs. Revision dismissed.