LAWS(P&H)-2009-7-27

PAWAN KUMAR GUPTA Vs. SURINDER KAUR

Decided On July 29, 2009
PAWAN KUMAR GUPTA Appellant
V/S
SURINDER KAUR Respondents

JUDGEMENT

(1.) THIS Revision Petition is directed at the instance of the tenant who has been ordered to be evicted by the Rent Controller, Patiala vide his order dated 27.10.2005 from the premises comprising one room which is part of House No. 702/3 situated at Topkhana Gate, Patiala and whose appeal against the eviction order has also been dismissed by the Appellate Authority vide the judgment under challenge dated 8.12.2007.

(2.) THE respondent - landlord filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short 'the Act'] against the petitioner - tenant alleging, inter-alia, that the demised premises was rented out to him @ Rs. 900/- per month in June, 1993. She alleged that after paying the rent up to August, 1993, the petitioner - tenant stopped paying rent; with the intervention of various persons, the tenant paid rent for November, 2000 on 6.11.2000 and assured that he will arrange for the arrears from September, 1993 but later on refused to pay the same. A complaint was also made to the Senior Superintendent of Police, Patiala but no action was taken by the police; that the roof of the premises is in a dilapidated condition and can fall at any time. She accordingly sought the petitioner's eviction on the grounds of [i] nonpayment of arrears of rent and [ii] that the demised premises has become unfit and unsafe for human habitation.

(3.) THE petitioner - tenant did admit that some persons, namely, Inderjit Dhiman, Rajinder Kumar Bawa and Rakesh Kumar etc. were there in the premises on 6.11.2000 but for an altogether different purpose, namely, for the repair work. He also claimed that the respondent-landlady got him pressurized on 12.11.2000 and obtained a writing, later on relied upon by her as Ex.P1.