MOHINDER HASIJA Vs. VIJAY BHUSHAN CHHABRA

JUDGEMENT

(1.) THE respondent-landlord had filed a petition for ejectment under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 seeking eviction of the petitioner herein on account of non-payment of rent.

(2.) THE respondent-landlord claimed that the shop in dispute was rented out to the petitioner at a monthly rent of Rs. 700/- and that he had been issuing regular receipts on the note book maintained by the petitioner herein. It was claimed that the petitioner-tenant had failed to make the payment of rent since 1.5.1996. Though the claim was also made for personal bona fide need and on the ground of nuisance as well as damage to the property. However, these grounds were rejected by the Rent Controller.

(3.) THE learned Rent Controller came to the conclusion that the rate of rent was Rs. 150/- per month and not Rs. 700/- per month. It was further held that the petitioner had paid excess rent in the Court on 23.4.1999. However, it was claimed that he had not affixed the court-fee by way of counter claim. No order could be passed as the written statement could not be treated to be a counter claim. However, it was observed that the excess amount could be adjusted towards future rent.