NIRMALA WATI Vs. VED PARKASH

JUDGEMENT

(1.) This is a landlord's revision and has been directed against the judgment dated 25.11.1932 passed by the Appellate Authority, Gurdaspur, who affirmed the order dated 1.10.1981 passed by Rent Controller, Batala, who dismissed the ejectment petition of Nirmala Wati under Section 13 of the East Punjab Urban Rent Restriction Act (hereinafter called 'the Act')

(2.) The brief facts of the case are that landlady Nirmala Wati filed eviction application before the Rent Controller for the eviction of respondent-tenant on the allegations that she leased out two adjoining shops to the respondent on a monthly rent of Rs. 80/-vide rent note dated 11.3.1967. The tenant committed default in the payment of the rent for a period of seven years before the filing of the application. It was further alleged by the landlady that during two to three years before the institution of the petition, the respondent ceased to occupy the demised shops and the shops had not been used in a good-husband-like manner. The tenant had materially damaged the floors and walls of the shops.

(3.) From the above pleadings of the parties, the learned Rent Controller framed the following issues at the first instance :-