SOM DUTT Vs. JAGDISH RAM @ JAGDISH RAI

JUDGEMENT

(1.) THE landlords are in revision petition aggrieved against the order passed by the Courts below whereby the ejectment petition filed by the petitioners on the ground that the tenant is in arrears of rent was dismissed.

(2.) THE only question which survives between the parties is what is the rate of rent. As per petitioners, the rate of rent is Rs. 185/- per month, the rate at which the tenant was paying rent to the petitioners in earlier ejectment petitions. On the other hand, both the Courts below have held that the rate of rent is Rs. 70/- per month as per stand of the respondent.

(3.) HOWEVER , I am unable to accept the arguments raised by learned counsel for the petitioners. It is well settled that the entries in the house tax assessment register are prepared by the Municipal Authorities for the purpose of levy of house tax but such entries are not conclusive about the rate of rent as it is not prepared by the parties to the dispute. Both the Courts below have appreciated the entire evidence to return a finding that the rate of rent is Rs. 70/- per month. Such finding is based upon appreciation of evidence which cannot be interfered with in revisional jurisdiction merely by taking a different view on appreciation of evidence again.