DINA NATH SHARMA Vs. RAM KUMAR

JUDGEMENT

(1.) If no body wants to give the assistance to the court even in the matter of 1983, this court will be left with no other option but to decide the matter on merits, after perusing me record of the court below.

(2.) This is a landlord's revision and has been directed against the order dated 5.1.1983 passed by the Court of the appellate authority, Chandigarh, under the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called 'the Act'), as applicable to Chandigarh, who accepted the appeal of the tenant and dismissed the ejectment petition of the landlord with costs.

(3.) The brief facts of the case are that the petitioner filed an ejectment petition Under-section 13 of the Act for the eviction of the respondent Ram Kumar from one room and a kitchen forming the part of House No. 3365, Sector 35-B, Chandigarh on the allegations that he is the owner of the house and that Narain Dass is his attorney and has been duly authorised to file the ejectment petition. Respondent-tenant Ram Kumar had taken the promises in question on rent at the rate of the Rs. 90/- per month besides electricity and water charges. The rent was payable in advance and that the tenant has not paid or tendered the arrears of rent w.e.f. 1.9.1979.