BANWARI LAL Vs. RAM PARKASH

JUDGEMENT

(1.) THIS revision is directed against the order passed by the learned Appellate Authority, Ludhiana accepting the appeal filed by the tenant against the order of eviction passed by the learned Rent Controller.

(2.) THE respondent-landlord filed an ejectment application Section 13 of the East Punjab Control of Rent and Eviction Act seeking eviction on the ground that one room out of House No. B-III-574 situated in Mohalla Saidan Ludhiana, was rented out to the tenant Ram Parkash at a monthly rent of Rs. 90/- per month besides house tax @ 15%.

(3.) THE petition was contested and it was pleaded that the rent petition was barred on the principle of res judicata. It was also claimed that the petition was not maintainable under Order 23 Rule 4 sub-rule 1 C.P.C. The rent was tendered on the first date of hearing. However the liability to pay house tax was denied. The respondent-tenant also denied that the premises was sublet. He also denied that the room was bona fide required by the petitioner-landlord. On the pleadings of the parties, following issues were framed :