SURJIT SINGH Vs. SODHI HARJIT SINGH

JUDGEMENT

(1.) SURJIT Singh has filed the present revision directed against the judgment of the learned Appellate Authority dated 3.4.1982. By virtue of the same, the learned Appellate Authority had set aside the order passed by the learned Rent Controller and instead passed an order of eviction against the petitioner.

(2.) THE relevant facts are that the respondent filed an eviction application against the petitioner with respect of the room in dispute. It was alleged that the petitioner is a tenant in the suit premises at a monthly rent of Rs. 40/- and that the petitioner has not paid the arrears of rent from 1.2.1977. The total amount stated to be due was Rs. 1,480/-, Rs. 208/- had already been paid. In the reply filed, petitioner had contested the eviction application asserting that the application is barred by time. Earlier, a petition for eviction was filed. The same was dismissed by the Rent Controller. The agreed rent was stated to be Rs. 13/-. The respondent wanted increase in the rent. The petitioner is a poor Cobbler. He showed his inability to increase the rent. The rent was tendered at the rate of Rs. 13/- per month and the ground of eviction did not survive.

(3.) THE respondent had preferred appeal. The learned Appellate Authority held that the said payment of Rs. 100/- has not been proved because there was no cogent material to come to that conclusion. Sukhdev Singh was not special or general attorney of the respondent. It was held, therefore, that the tender of the rent was short. An order of eviction was passed.