SHMT. HAR KAUR Vs. SHRI BALAKI RAM

JUDGEMENT

(1.) THIS revision petition by Smt. Har Kaur, who is the landlord within the meaning of the East Punjab Urban Rent Restriction Act, 1949 (for short the Act) qua the shops in dispute which were let out by her to Balaki Ram tenant-respondent, is directed against the order of the Appellate Authority dated 28.5.1979.

(2.) THE petitioner filed an application for ejectment of the respondent under Section 13 of the Act alleging that the respondent is a tenant under her in two shops forming part of House No. 523 situated in Ghumar Mandi, Ludhiana at a monthly rent of Rs. 200/- each. His eviction was sought on the ground that he had neither paid for tendered rent since 1.10.1974. It was also averred that the rate of rent was originally Rs. 250/- per month but it was increased to Rs. 400/- per month later on. The respondent contested the ground of ejectment by filing his written statement. His case was that the rate of rent in respect of the demised shops was Rs. 155/- per month only. He repudiated the allegation that he was liable to pay rent at the rate of Rs. 400/- per month.

(3.) ON an appeal filed by the Respondent the learned Appellate Authority differed with the finding recorded by the learned Rent Controller. It held that the agreed rate of rent of both the shops, when they were let out in the year 1972, was Rs. 75/- per month for each shop and in addition to this, the respondent was to pay Rs. 5/- per month on account of electric charges. Thus, in all, the amount payable per month was Rs. 150/- and the tender made at this rate was valid. While dilating on the claim of the petitioner that the rate of rent had been increased by agreement of the parties to Rs. 400/- per mensem with effect from 1.8.1975, the learned Appellate Authority discussed the evidence thus :-