BHAGWAN SINGH Vs. ZILLE SINGH

JUDGEMENT

(1.) THIS is landlord's petition in whose favour eviction order was passed by the Rent Controller, but was set aside in appeal by the Appellate Authority. The landlord sought ejectment of tenant from the shop in dispute on the ground that he was in arrears of rent from 11.1.1972 till the filing of the ejectment application amounting to Rs. 720/-. Apart from that, the tenant was also liable to pay house-tax at the rate of Rs. 1.25 paise p.m. levied by the Municipal Committee after the commencement of the tenancy. According to the landlord, before filing the ejectment application, notice terminating the tenancy had been given. In the written statement, the tenant pleaded that no amount was due on account of house tax etc. as alleged. He tendered the arrears of rent on the first date of hearing as claimed in the application. He denied that any notice regarding ejectment was issued to him.

(2.) THE learned trial Court found that since notice terminating the tenancy was given in which it was mentioned that the house-tax had been levied and the tenant was liable to pay the same. The tenant having failed to pay house-tax, was liable to ejectment. Consequently, eviction order was passed. In appeal, the learned Appellate Authority reversed the said finding of the Rent Controller and came to the conclusion that no valid notice as contemplated under Section 8 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 was given to the tenant and therefore, the tenant was not liable to pay house tax. Consequently, eviction order was set aside.