TIKKA RAM Vs. CHHINA INDUSTRIES

JUDGEMENT

(1.) TIKKA Ram and another, hereinafter described as the petitioner, has filed the present revision petition directed against the judgment of the Appellate Authority, Chandigarh, dated 18.1.1997. By virtue of the impugned judgment, learned Appellate Authority accepted the appeal of the respondent-tenants and dismissed the petition for eviction filed by the petitioners.

(2.) THE relevant facts are that petitioners filed an eviction application against the respondents asserting that the agreed rent was Rs. 2,150/- per month (excluding water and electricity charges). The arrears of rent amounting to Rs. 49,450/- were due and that the rent was payable in advance by 7th of each month. The other grounds of eviction had been taken but do not survive for the purpose of present revision petition. The respondents contested the eviction application and contended that the rent was not payable in advance. The rent was being refused by the petitioners. It was sent by demand draft of Rs. 49,450/- dated 26.7.1993 and it was encashed by the landlord.

(3.) THE first and the foremost question agitated was about as to if the rent was payable in advance ? There is no controversy that parties can agree as to if the rent is to be paid in advance or not. Reliance on behalf of the petitioners was placed on the agreement Mark A to urge that it had been agreed between the parties that the rent is to be paid in advance. To this, objection obviously was taken that it is an unregistered document and, therefore, it cannot be read in evidence.