ATUL GLASS CO Vs. BIMLA DEVI

JUDGEMENT

(1.) The present revision petition has been filed by M/s. Atul Glass Co. hereinafter described as the petitioner. The petitioner challenges the order of eviction passed by the learned Rent Controller, Faridabad, dated 23.1.1995 and that of the Appellate Authority dated 4.11.1996. The learned Appellate Authority had dismissed the appeal filed by the petitioner.

(2.) Some of the relevant facts are that the petitioner was occupying the shop in dispute as a tenant. The respondents had purchased the said shop on 30.3.1987. The respondents claimed eviction on the ground that the petitioner is a tenant in the suit premises at a monthly rent of Rs. 1,250/- and has not paid the arrears of rent from 30.4.1987. It was asserted further that the petitioner had executed the agreement on 30.4.1989 agreeing to pay rent at the rate of Rs. 1,250/- per month. They appeared and contested the petition for eviction. He claimed that the agreed rent was only Rs. 850/- per month. He tendered the arrears of rent at the rate of Rs. 850/- per month including costs and interest. The same had been accepted under protest. It was denied that the agreed rent was Rs. 1,250/- per month. The petitioner did not dispute that he had issued four cheques as claimed by respondent.

(3.) The learned Rent Controller framed issues and recorded evidence. The findings recorded were that the agreed rent was Rs. 1250/- per month and on the first date of hearing the entire arrears of rent had not been tendered. Therefore, the order of eviction was passed. The petitioner preferred an appeal. The same was dismissed by the learned Appellate Authority. Aggrieved by the same, the present revision petition has been filed.