RAM GOPAL Vs. SHER SINGH

JUDGEMENT

(1.) THE present revision petition is directed against the order of the Appellate Authority under the Rent Act whereby the order of the Rent Controller dated 5.5.1988 dismissing the petition for ejectment of the tenant, has been set aside and the eviction of the tenant ordered. The brief facts of the case are as under : Sher Singh, present respondent and landlord of the demised premises, which is said to be a shop situated in Farwahi Bazar, Barnala, had let the same out to Ram Gopal tenant, on rent at the rate of Rs. 3200/- per annum besides house-tax for a period of one year starting from 15th May, 1977. As the tenant remained in arrears of rent and was a source of nuisance to the landlord and the landlord needed the demised premises for his own use and occupation, the present application under section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the 'Act') was filed for the eviction of the tenant. The arrears of rent as claimed in the petition were tendered before the Rent Controller on the very first date along with interest and costs as assessed, and this tender was accepted by the landlord under protest. In the reply to the petition, the tenant, however, while admitting the relationship inter se the parties, disputed the liability to pay the house-tax or that he was a source of nuisance or that the premises were required by the landlord for his own use and occupation or that he had changed the user of the premises in dispute. On the pleadings of the parties, the following issues were framed by the Rent Controller;