TARA CHAND AGGARWAL Vs. RAM SARUP DASS JAIN

JUDGEMENT

(1.) THIS is landlord's petition whose ejectment application has been dismissed by both the authorities below.

(2.) THE landlord, Tara Chand Aggarwal sought the ejectment of his tenant Ram Saran Dass Jain from the premises in dispute consisting of two rooms and one kitchen on the ground floor of house No. 4230, Hill Road Ambala Cantt on the ground that the rent was Rs. 25/- per month and it had not been paid from May, 1975 to February, 1978. It was also pleaded that the landlord required the premises also for his own use and occupation as he wanted to shift from Calcutta to Ambala Cantt. The tenant tendered the arrears of rent at the rate of Rs. 20/- per month because according to him, the rent was Rs. 20/- and not Rs. 25/- P.M., as alleged by the landlord.

(3.) THE only contention raised on behalf of the landlord is that the rent was Rs. 25/- p.m. and not Rs. 20/-p.m. According to the learned counsel finding given by the authorities below in this behalf was wrong as the evidence has not been properly appreciated.