RAJ KAUR Vs. PREM CHAND

JUDGEMENT

(1.) THE matrix of the facts culminating in the commencement, relevant for disposal, of present revision petition filed by the landlady and emanating from the record is that originally, Smt. Raj Kaur wife of Jeet Singh landlady (hereinafter to be referred as "the landlady") filed a petition, invoking the provisions of section 13 of the East Punjab Rent Restriction Act, 1949 (as made applicable to Chandigarh) (hereinafter to be referred as "the Act") for ejectment of Prem Chand tenant (hereinafter to be referred as "the tenant") from the demised premises, inter-alia, pleading that late Smt. Inder Kaur wife of Uttam Singh was the owner and landlady, who had inducted the tenant on rent on the top floor (Barsati portion) of House No. 120 Sector 20-A, Chandigarh under the oral tenancy. After the demise of Inder Kaur, she (Raj Kaur) became the owner and landlady of the same. The present rate of rent is stated to be Rs. 3000/- per month, which was payable in advance by 7th of each month of the calender year, but the tenant stopped paying the rent to the landlady with effect from 1.7.1997. Since then, the tenant is claimed to be in arrears of rent.

(2.) THE case set up by the landlady, in brief, in so far as relevant, was that the tenant is also guilty of making alteration/construction of one room on the back courtyard of the top floor, which has put the entire building to the threat of resumption by the Chandigarh Administration and has also materially impaired the value the utility of the same.

(3.) THE tenant contested the petition and filed the written statement, inter- alia, pleading certain preliminary objections regarding maintainability of the same as the landlady has not come to the Court with clean hands.