JASWINDER SINGH Vs. CHANDER MOHAN BHASIN

JUDGEMENT

(1.) The present revision petition has been filed by Jaswinder Singh, hereinafter described as the petitioner, directed against the order of the learned Rent Controller, Chandigarh, dated 24.5.1994 and of the learned Appellate Authority, Chandigarh, dated 21.8.1996. The learned Rent Controller had passed an order of eviction which was upheld by the Appellate Authority.

(2.) The relevant facts are that respondent Chander Mohan had filed a petition for eviction seeking ejectment of the petitioner from the demised premises. The sole surviving ground of eviction which came up for consideration in the present revision petition was non payment of rent. It was asserted by the respondent that the agreed rate of rent was Rs. 300/- per month which was payable in advance by the 7th of each Calendar month. It was enhanced to Rs. 350/- per month in the year 1990 by mutual consent of the parties. The petitioner was stated to be in arrears of rent from April, 1992.

(3.) The petition for eviction had been contested. It was denied that the agreed rent was Rs. 350/- per month. As per petitioner, the rate of rent was Rs. 120/- per month. It included water and electricity charges. The petitioner asserted that the entire arrears stood paid but receipt had not been issued. The original rent was Rs. 100/- per month including water and electricity charges. It was enhanced to Rs. 120/- per month. The rent was paid uptil June, 1993.