LAL DEV Vs. ASTIC MITRA

JUDGEMENT

(1.) THIS is landlord's petition in whose favour eviction order was passed by the Rent Controller but the same was set aside in appeal.

(2.) THE premises in dispute being House No. 2294, Section 7-A, Housing Board Colony Faridabad, is one-room tenement. The landlord filed a ejectment application on 26th October, 1982, inter alia, on the ground that the tenant was in arrears of rent from 1st October, 1980 to 31st October, 1982. The rent was claimed @ Rs. 130/- p.m. In the Written Statement, the plea taken by the tenant was that the rent was Rs. 64/- plus Rs. 5/- as electricity charges i.e. Rs. 69/- in all, and according to him, the rent at the said rate was paid up to October, 1982. According to the learned Rent Controller the tenant had failed to prove that the said rent was paid to the landlord as claimed in the ejectment application. Not only that, it was also found that even rent @ Rs. 69/- p.m. as claimed by the tenant was also not paid. The other pleas of the landlord were negatived. Consequently, the eviction order was passed. In appeal, the learned Appellate Authority reversed the said finding of the Rent Controller and came to the conclusion that the rent @ Rs. 130/- p.m. stood not proved nor was the tenant in arrears of rent. As a result of that, the eviction order was set aside.

(3.) AFTER hearing the learned counsel for the parties and going through the relevant evidence on record, I find force in the contentions raised on behalf of the petitioner.