JETHU RAM Vs. CHANAN RAM

JUDGEMENT

(1.) THE present revision petition has been filed directed against the order of the learned Rent Controller, Patiala dated 14.10.1980 and of the Appellate Authority, Patiala dated 19.2.1981. By virtue of the impugned order, the learned Rent Controller had passed an order of eviction against the petitioner and his appeal had been dismissed.

(2.) THE relevant facts are that the respondent had filed an eviction application against the petitioner under Section 13 of the East Punjab Urban Rent Restriction Act (for short 'the Act') with respect to the property in dispute. It was asserted that the petitioner is a tenant in the suit premises at a monthly rent of Rs. 200/- p.m. He was stated to be in arrears of rent from 26.7.1978. It was stated that Municipal Committee, Samana had levied 15 per cent house tax on the shop in dispute w.e.f. 1.4.1977. The petitioner has to pay the house tax at the rate of Rs. 30/- p.m. from 1.4.1977 in addition to the rent. The petitioner even had been served with a notice asking him to pay the house tax. It was dated 6.8.1977.

(3.) THE respondent filed a replication. He stated that rent note was executed but it was lost. It was pointed that the rent included the house tax. According to the petitioner he did not know as to when the house tax was levied by the Municipal Committee.