LAWS(P&H)-2007-9-129

SURINDER SINGH Vs. INDERJIT SINGH

Decided On September 19, 2007
SURINDER SINGH Appellant
V/S
INDERJIT SINGH Respondents

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order passed by learned Appellate Authority on 5.6.1993 whereby the appeal filed by the landlord was decided on the basis of compromise increasing the rate of rent to Rs. 900/ - per month. Subsequently, an application for review of the said order was dismissed by the learned Appellate Authority on 24.1.1994. The said order is also subject matter of challenge in the present revision petition.

(2.) THE respondent -landlord sought the ejectment of the petitioner inter alia on the ground of non -payment of arrears of rent and for the reason that the tenant has made material alterations in the demised premises. The learned Rent Controller dismissed the petition on 12.8.1988 but in appeal, the parties entered into compromise. The statement of the parties and the order of the Court read as under:

(3.) LEARNED Counsel for the petitioner has vehemently argued that the increase of rate of rent to Rs. 900/ - as mentioned in the statement and in the order is only on account of mistake in understanding of the increase in rent by the tenant. It is pointed out that previous rent was Rs. 65/ - per month and increase of rent to Rs. 900/ - is 14 times to the previous rent is unbelievable. It is further pointed out that the rate of rent of Rs. 900/ - is mentioned in figure only and not in words and therefore, the mistake in writing of the rate of rent cannot be lost sight of.