SHARWAN KUMAR Vs. YASHPAL PAHWA

JUDGEMENT

(1.) Petitioner/tenant has filed the instant revision petition assailing the order dtd. 4/7/2017 passed by the Rent Controller, Ludhiana whereby provisional rent for the shop/premises in question has been assessed @ Rs.20,000.00 per month w.e.f. 1/6/2009. Further challenge is to the order dtd. 5/9/2017 passed by the Learned Appellate Authority, Ludhiana, dismissing the appeal preferred by the petitioner against the assessment of provisional rent.

(2.) Brief facts are that landlords/respondents filed a petition under Sec. 13 of the East Punjab Urban Rent Restriction Act (hereinafter referred to as "the Act") on 25/10/2016 seeking eviction of the tenant from the demised premises/shop described as basement i.e. Lower Ground Floor part of property No.216/1, opposite ESI Hospital, Bharat Nagar Chowk, Ludhiana on the twin grounds of non payment of rent and bona fide personal necessity of respondent No.1 and his son Naveen. It was pleaded in the eviction petition that the tenant (petitioner herein) was inducted as a tenant at a monthly rate of rent of Rs.18,600.00 w.e.f. 1/8/2005 for running a business of Plyboard, Sunmica etc. A Rent Note dtd. 29/7/2005 is also stated to have been executed between the parties wherein it was agreed that the rent would be increased @ 10% after every 03 years.

(3.) Case set up on behalf of the landlords was that the tenant had paid rent up to May, 2009 @ Rs.20,460.00 per month but thereafter had stopped making payment towards rent and as such he was in arrears of rent @ Rs.20,460.00 from 1/6/2009 to 31/7/2011, @ Rs.22,516.00 from 1/8/2011 to 31/7/2014 and @ Rs.24,767.00 after 1/8/2014.