BINDRABAN Vs. PIARA SINGH

JUDGEMENT

(1.) This is a tenant's revision petition against the order of the learned Appellate Authority dated April 21, 1975 confirming the ejectment order of the Rent Controller.

(2.) The ejectment of the tenant was ordered on two grounds, namely the personal necessity of the landlord and the non-payment of the rent. As the findings as to the non-payment of the rent by the Appellate Authority has to be confirmed it is not necessary to go into the other matter.

(3.) Admittedly, the tenant did not tender the rent for the months of February and March 1971 but be claims that the rent had been paid for these two months which was denied by the landlord. To prove the payment, apart from his own statement, the tenant examined one Mohinder Singh. Such like oral evidence cannot furnish sufficient proof of payment of the rent has been rightly ignored by the courts below. There is, therefore, scope to interfere with the finding of the Appellate Authority on the question on non-payment of rent and this petition is consequently dismissed but without any order as to costs. The tenant is, however, allowed one month's time to vacate the premises in dispute.