SUBHASH DAHIYA Vs. RAGHVIR SINGH

JUDGEMENT

(1.) THE landlord's application for eviction was on the ground that the tenant had failed to pay rent arrears from 1.3.2003 to 30.6.2003 for a period of four months. The justification for the tenant on non-payment was that he was not liable to pay any rent. The Rent Controller and the appellate authority relied on the rent deed executed by the tenant in favour of the landlord and found the non-payment of rent to be unjustified.

(2.) THE landlord's counsel appearing for the revision petitioner has the following submissions to make :

(3.) THE learned counsel for the revision petitioner took me through all the documents in an effort to convince that the documents filed by the landlord did not refer to the demised premises at all. The property in dispute was admittedly a shop while the tax receipts P-1 to P-4 were assessed to a residential house, so stated in the receipts themselves. The electricity bills related to the service at another premises adjoining the demised premises of which the landlord was admittedly the owner and in respect of which premises he had already given an affidavit Exhibited as P-15 that the electricity meter No. 82/675 belonged only to the landlord and that he would have no objection to the Electricity Board changing the service connection in the name of the landlord. The affidavit refers to electricity meter No. 82/675 and according to the counsel for the revision petitioner that acting on the affidavit, the Electricity Board changed the service connection and levied electricity charges on the landlord, Exhibited as P-5 to P-7 that made reference to a changed account No. 82/0767.