TARLOK SINGH Vs. SURINDER SINGH

JUDGEMENT

(1.) THE landlord is in revision aggrieved against the order passed by the learned Appellate Authority whereby the tenant's appeal was accepted and the ejectment petition was dismissed.

(2.) THE petitioner has sought ejectment of the tenant under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act), from the demised premises on the ground that the tenant was inducted in the year 1975-76 @ Rs. 90/- per month, but later on the rent was enhanced to Rs. 340/- per month w.e.f. 1.4.1981. The tenant paid such rent for the months of April and May, 1981 but thereafter he has not paid or tendered the rent since 1.6.1981 and thus, the tenant is liable to be evicted for non payment of arrears of rent. It was also the case of the landlord-petitioner that the tenanted premises was let out for the manufacturing and sale of Patasha, Gachak and Roaries of Sugar, but the tenant has started the business of general merchandise without the consent of the petitioner-landlord and thus, changed the user of the premises.

(3.) THE learned Rent Controller allowed the petition only on the ground that the rate of rent was Rs. 340/- per month and the tender made @ Rs. 90/- per month is invalid. In respect of ground of change of user, the Court found that selling of Biscuits, Butter, Bread, Eggs, Cold Drinks etc. cannot be said to be ancillary to the Confectionery and, thus, passed an order of eviction. But the learned Appellate Authority reversed the findings recorded by the learned Rent Controller. The learned Appellate Authority relied upon the house tax assessment register of the Municipal Committee, Doraha, Income tax returns of the landlord for the years 1973-74 and 1974-75 and the oral evidence, to return a finding that the rate of rent of the shop measuring 5'x10' was Rs. 25/- per month. In the Income Tax Returns for the years 1973-74 and 1974-75, Exhibit RW-4/1 and RW-4/2 respectively, the petitioner has shown that the part of the property was on rent @ Rs. 900/- per year, whereas in the Income Tax Return for the year 1974-75, the annual rental income is reflected as Rs. 300/-. Exhibit P-7, the House Tax Assessment register for the year 1977-78 has assessed the annual letting value of the whole building as Rs. 2700/-. The Court also found that the parties are closely related as the landlord is the son of the maternal uncle of the tenant. The stand of the tenant that he is in occupation of the premises since the year 1969 found to be believable. The electricity bills Exhibit R-11 to R-56 pertain to the period starting from August, 1969. Such bills were admitted to be in evidence without objections and the landlord has not cross-examined the tenant in this respect. The Appellate Authority has discussed the entire evidence in detail to return a finding of fact that the rate of rent was Rs. 25/- per month.