MOHAN LAL Vs. HARBANS SINGH

JUDGEMENT

(1.) CHALLENGE in this revision petition is to the orders dated 2.6.1999 and 27.11.2001 passed by the learned Rent Controller, as also the Appellate Authority, dismissing the rent petition, as also the appeal.

(2.) THE petitioner, filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, praying for ejectment of the respondent from a shop measuring 16'x 14'-3", on the grounds of non payment of rent, the tenanted premises have become unfit and unsafe for human habitation and that the respondent had replaced the main gate of the shop with a shutter, without the consent of the landlord, thus, impairing the value and utility of the tenanted premises.

(3.) THE tenant contested the correctness of the aforementioned assertions but on the first date of hearing, tendered arrears of rent amounting to Rs. 4040/- @ Rs. 40/- p.m. with effect from 1.4.1986 to 31.8.1994, interest of Rs. 1060/- and costs as assessed by the Rent Controller of Rs. 200/-. On the basis of the pleadings, the learned Rent Controller framed the following issues :-