CHOETH RAM Vs. DEEP CHAND JAIN

JUDGEMENT

(1.) THIS revision petition has been filed by Choeth Ram tenant, against the judgment of the Appellate Authority, Ludhiana, dated January 21, 1976, by which an order of ejectment has been passed against him.

(2.) BRIEFLY the case of Deep Chand and Hans Raj (since deceased), who were petitioners before the Rent Controller, was that Choeth Ram was a tenant under them on payment of Rs. 60 per mensem as rent, and that he had not paid the rent since October 1, 1968. Consequently they filed an application for ejectment of Choeth Ram, tenant, under Section 13 of the East Punjab Urban Rent restriction Act (hereinfater referred to as the Act), inter alia on the ground of non-payment of rent. The other grounds for ejectment are not relevant for the decision of the present revision petition. The tenant contested the application for ejectment and pleaded that in the beginning the property was on rent with him at the rate of Rs. 10 per mensem and the rent was enhanced to Rs. 30 per mensem in the middle of March 1960. He further pleaded that he had already paid the rent at the rate of Rs. 30 per mensem upto March 31, 1970 and was ready to pay the balance rent at the said rate. He also averred that six months' notice under Section 106 of the Transfer of Property Act was required to be served by the landlord on him as he was a contractual tenant of the premises from year to year, He asserted that no notice had been given by the landlord to him.

(3.) THE tenant tendered an amount of Rs. 120 on account of rent from April 1, 1970 to July 31, 1970 at the rate of Rs. 30 per mensem together with Rs. 2 as interest and Rs. 25 as costs on August 3, 1970, the first date of hearing. The landlord accepted the rent under protest and without prejudice to his right to eject the tenant on the ground of non-payment.