LAWS(P&H)-1979-9-25

RAJ KUMAR Vs. SUKHDEV AND ANOTHER

Decided On September 21, 1979
RAJ KUMAR Appellant
V/S
Sukhdev And Another Respondents

JUDGEMENT

(1.) THIS revision petition has been filed by Raj Kumar tenant against the order of the Appellate Authority, Rupnagar, dated February 8, 1979.

(2.) BRIEFLY the facts are that the landlords filed an application for ejectment against their tenant inter alia on the ground of non -payment of rent for the period from March 1, 1971 to April 20, 1977. The application was contested by the tenant, who pleaded that he had paid the rent. He further averred that the application was liable to be dismissed on the short ground that no notice had been served upon him by the landlords. The Rent Controller held that the tenant had failed to prove that he had paid the rent. He however, held that the application was liable to be dismissed on the ground that no valid notice had been given by the landlords to the tenant. He consequently dismissed the same. The landlords went up in appeal before the Appellate Authority, who reversed the finding regarding service of notice, on the ground that there was no necessity of serving a notice. He, however, affirmed the finding of the Pent Controller that the rent had not been paid by the tenant. In the aforesaid circumstances he accepted the appeal and passed an order of ejectment of the tenant. The tenant has come up in revision to this Court.

(3.) FOR the reasons recorded above, the revision petition fails and the same is dismissed with no order as to costs.