DUNI CHAND Vs. DHARAMVIR

JUDGEMENT

(1.) THE landlord has filed the present revision petition against the orders of the authorities below dismissing his application for eviction of the tenant. The application was filed on several grounds. However, there are two grounds which survive for decision by this Court. The first ground which has been pressed into service before this Court is that the respondent is liable to be evicted on the ground of his being nuisance as he gambles in the shop in dispute. The appellate Authority has found that there was no evidence to substantiate the allegations of gambling and that the same cannot be covered by the definition of the word 'nuisance'.

(2.) THE learned counsel for the petitioner has vehemently argued that the gambling is proved from oral evidence brought on the record of the case and that it hurts sentiments of the landlord.

(3.) THE other point on the basis of which eviction of the respondent-tenant is sought is the non-payment of the rent. The landlord-petitioner's case was that the rent was due from 1st January, 1973 upto January 8, 1975, the date of the filing of the application. The stand of the tenant before the authorities below was that rent upto November, 1974 was paid and that the rest of the rent was tendered in the court. The dispute before the authorities below was with respect to the rent paid by means of a cheque on 5th August, 1974 for the month of August, 1974. In this respect both the authorities below have placed reliance on Exhibit D.2 a cheque issued by the tenant in favour of Krishan Lal, son of the landlord evidencing the payment of the rent for the relevant month. Both the authorities below have firmly relied upon the payment of the rent for the month of August, 1974 upon the basis of the Exhibits D.2. It has further been found by the authorities below that the business of the father and that of the son was joint, that it was the son who was looking after the entire affairs of the father and, therefore, payment made to him was payment to his father, the landlord.