CHAUDHARY SUNDER LAL Vs. RAM SARUP

JUDGEMENT

(1.) This is a rent revision filed by Ch. Sunder Singh, landlord, against the tenant Ram Sarup, and it has been directed against the order dated 3.3.1983 passed by the Court of the appellate authority, Narnaul, under the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter called 'the Act'), who affirmed the order the Rent Controller dated 23.4.1982, who dismissed the application of the landlord under Section 13 of the Act.

(2.) The pleadings of the parties can be summarised in the following manner:-

(3.) The landlord filed, a petition seeking ejectment of the demised premises which is in the shape of a shop and it was pleaded by the landlord that the shop in dispute was given to the respondent on rent vide rent note dated 23.8.1972 on a monthly rental of Rs. 200/-. The respondent has neither paid the rent nor tendered the arrears of rent w.e.f. from 2.1.1977 to 22.4.1977 amounting to Rs. 600/-. The fair rent was fixed by the Rent Controller at the rate of Rs. 205/- per month and, thus, an amount of Rs. 161.60 are due to the landlord from the tenant on account of the enhanced rent from 13.8.1974 to 22.4.1977 at the rate of Rs. 5/- per month. It is alleged by the landlord that respondent is a statutory tenant as the period of tenancy has expired. Further grounds highlighted by the landlord while seeking the eviction of the respondent is that the respondent tenant has closed the shop for a period of 5/6 months prior to the filing of the petition and that the respondent had materially impaired the value and utility of the property.