AGYA PAL SINGH Vs. BASANT KAUR

JUDGEMENT

(1.) THIS is tenant's revision petition against whom the ejectment application was dismissed by the Rent Controller, but allowed in appeal by the Appellate Authority.

(2.) THE landlady Basant Kaur sought the ejectment of her tenant Agya Pal Singh from the shop, in dispute inter alia, on the ground that he was in arrears of rent with effect from February 1, 1965. According to the landlady, the premises were let out on a monthly rent of Rs. 20/-. In the written statement, the tenant admitted the tenancy under the landlady. On the first date of hearing rent from January 1, 1976 to September 30, 1976 at the rate of Rs. 20/- per month together with interest and costs was tendered which was accepted under protest by the landlady asserting that the tender was not valid. The other pleas raised by the landlady were controverted by the tenant. The learned Rent Controller came to the conclusion that actually the rent was being collected by one Chanda Singh on behalf of the landlady Basant Kaur. The tenant had been paying rent to the said Chanda Singh prior to the Ist of January, 1976, as was evident from the receipt. Exhibit R-2 dated January 19, 1976, whereby the rent from September, 1975 to December, 1975 was paid to Chanda Singh. Consequently, the ejectment application was dismissed. In appeal, the Appellate Authority reversed the said finding of the Rent Controller on the ground that the tenant had not produced any receipt in token of the payment of rent from February 1, 1965 to November 30, 1968; January, 1970 to May 1970 and from March 1974 to July, 1974. Consequently the eviction order was passed.

(3.) AFTER hearing the learned counsel for the petitioner and going through the relevant evidence on the record, I find force in the contention raised on behalf of the petitioner.