BHIM SEN Vs. AVTAR SINGH

JUDGEMENT

(1.) The tenant- Bhim Sen has filed the present revision impugning the order dated 26.11.2014 passed by the Appellate Authority, Ludhiana, whereby, the said Authority has accepted the appeal of the landlord and set aside the order dated 03.10.2013 of the Learned Rent Controller, Ludhiana, and allowed the eviction petition of the landlord and directed the tenant to deliver vacant possession of the shop in dispute within a period of two months.

(2.) In this order the landlord would be referred to as the 'petitioner' and the tenant as the 'respondent', as per their status in the eviction petition.

(3.) The petitioner - landlord had filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter for short 'the Rent Act') seeking eviction of the respondent tenant from a shop forming part of property No.B-XXIX-152/9A/7 situated at Sua road, Hargobind Nagar, Opposite Mahadev Hospital, Giaspura, Ludhiana. The case set up was that the respondent had taken the aforesaid property at monthly rent of Rs. 800/- in the year 1992. It was agreed between the petitioner and the respondent that the respondent would also pay the house tax to the petitioner and the arrears of rent would be paid on or before 10th of every calender month. The respondent is running a sweet shop in the rented premises in the name and style of "M/s Singla Sweets Shop". The respondent had paid the rent against receipts upto March, 2007. But after March, 2007, neither the rent was paid nor was the house-tax paid.