(1.) The present revision petition has been field by Dev Raj, hereinafter described as "the petitioner", directed against the order of the learned Rent Controller, Batala, dated 1.2.1988 and that of the learned Appellate Authority, Gurdaspur, dated 17.10.1989. The order of eviction was passed by the Rent Controller and upheld by the Appellate Authority.
(2.) The relevant facts are that the respondents had filed an eviction application against the petitioner with respect to the property in question. It was asserted that the rent is Rs. 150/- per month and that the arrears of rent have not been paid since 24.1.1983. The petitioner contested the eviction application and took up the defence that, in fact, the rent is only Rs. 15/- per month. The rent at the said rate was tendered on the first date of hearing. The petitioner reiterated that he has been occupying the shop since the year 1959. The original rent was Rs. 10/- per month but it was raised to Rs. 15/- per month. It is not in controversy that on 4.1.1986 the petitioner tendered Rs. 540/- as arrears of rent at the rate of Rs. 15/- per month from 24.1.1983 to 23.1.1986, besides Rs. 50/- as costs and Rs. 55/- as interest. The same was accepted under protest.
(3.) The learned Rent Controller had framed the issues and after recording the evidence has held that the agreed rent is Rs. 150/- per month. The rent was not tendered at that rate. The receipts produced by the tenant were not acted upon. The findings were approved by the learned Appellate Authority.