JUGAL KISHORE Vs. KAMLESH SINGH DUGGAL

JUDGEMENT

(1.) The petitioner-tenant challenges the concurrent findings recorded by the Court below, whereby eviction has been ordered from Shop No. 44-I, Sarabha Nagar, Phase-II, Near Post Office, Ludhiana.

(2.) The eviction petition was filed on 29.03.2012 on various grounds and one of the ground is that the rent had not been paid since 01.06.2006 @ Rs. 1,000/- per month. The Rent Controller on 18.01.2016 assessed the provisional rent as Rs. 1,24,750/- including interest and costs. The date of payment of rent was fixed as 24.02016, but the payment was not made on the said date leading to eviction order, by the Rent Controller on the said date, keeping in view the judgment of Apex Court in 'Rakesh Wadhawan v. Jagdamba Industries', 2002 (1) RCR (Rent) 514.

(3.) As noticed the said order has been upheld in appeal on 30.11.2016 by the Appellate Authority, keeping in view the binding precedent of the Apex Court.