MEENA RANI Vs. SHAM LAL

JUDGEMENT

(1.) THE landlady is in revision aggrieved against the order passed by the learned Appellate Authority dismissing her eviction petition filed on the ground of non payment of the arrears of rent @ Rs. 20,000/- per annum.

(2.) THE petitioner sought the ejectment of the tenants on the ground that she has purchased the shop on 26.05.1986 by way of two separate sales deeds from Mahesh Chand son of Hardawari Lal. The same was let out to the tenants at the rent of Rs. 20,000/- p.a. for one year from 01.07.1986, but the respondent has not paid the rent and therefore, the tenant is liable to be evicted for non payment of the arrears of rent @ Rs. 20,000/- per annum from 01.07.1986 to 31.12.1987.

(3.) IN replication, the landlady has denied that the rate of rent was Rs. 6,000/- per annum but, it was pointed out that earlier the shop was let out to the firm M/s Jiwan Lal Vijay Kumar at the rent of Rs. 13,500/- per annum by Mahesh Chand, the previous landlord. At the time the size of the shop was 16 x 35 feet whereas the shop let out to the tenant is of 16 x 50 feet. It was alleged that there is no question of the rent of the demised shop being Rs. 6,000/- per annum. Thus, it was alleged that the tender made by the tenant on the first date of hearing is insufficient and consequently, the tenant is liable to be evicted.