DIWAN SATYA PAUL Vs. JAGDISH CHANDER

JUDGEMENT

(1.) This revision petition is directed against the order of the Appellate Authority, Ludhiana, dated 2-8-1973 vide which the landlord-petitioner's appeal against the order of the Rent Controller, dated 28-4-1972 was dismissed.

(2.) Satya Paul landlord-petitioner had filed an application for eviction of Jagdish Chander tenant-respondent from a portion of the house situated at Ludhiana under section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called the Act). It was alleged in the application that the demised premises were given to the tenant on a monthly rent of Rs. 21/- with effect from 1-6-1964 but he had not paid or tendered any arrears of rent with effect from 1-9-1967; and that he had brought about material changes in the premises which had lowered down the value and utility of the same. It was alleged that a notice was also served on the tenant before filing the application.

(3.) The tenant resisted the application and did not tender the arrears of rent alleged to be due from him. In the written statement he denied the relationship of landlord and tenant between the parties. He also averred that he was living in Kucha Karta Ram and the premises in dispute were actually in possession of the landlord who himself had kept them locked, as some dispute, was going on between the landlord and his brother Vidya Sagar. The parties contested on the following issues: