NIRANJAN DASS Vs. JAGJIT COTTON TEXTILE MILLS LTD.

JUDGEMENT

(1.) THIS revision petition has been preferred by the tenant -petitioner against the judgment dated 18.8.1992, rendered by the Appellate Authority (Additional District Judge), Kapurthala, vide which the order dated 26.2.1991 rendered by the Rent Controller, Phagwara, was set aside and ejectment of the tenant -petitioner was ordered, on the ground, that the tender made on 20.1.1989 was invalid.

(2.) THE petitioner was inducted as a tenant, by Dharam Singh in the demised premises, at a monthly rental of Rs. 35/ -. The said property was sold vide sale deed dated 6.9.1973 by Dharam Singh, in favour of Niranjan Dass, landlord -respondent, and the arrears of rent were also assigned, in his favour. The ejectment of the petitioner was sought, on the ground, that he had been in arrears of the rent since 10.8.1973 onwards, till the filing of the ejectment petition on 12.8.1988. On the failure of the tenant -petitioner to pay the arrears of rent, the ejectment petition was filed by the landlord -respondent.

(3.) IN the replication filed by the landlord -respondent, he reasserted all the averments, made in the ejectment petition, and controverted those contained in the written statement. On the pleadings of the parties, the following issues were struck, by the Rent Controller, vide order dated 17.2.1989.