HARMOHINDER SINGH Vs. GURJIT SINGH

JUDGEMENT

(1.) HARMOHINDER Singh has filed the present revision petition directed against the judgment of the Appellate Authority, Jalandhar dated 13.12.1986. By virtue of the impugned judgment, the learned Appellate Authority had set aside the order passed by learned Rent Controller, Jalandhar dated 17.1.1985 and instead passed an order of eviction.

(2.) THE relevant facts are that respondent had filed a petition for eviction against the petitioner with respect to the shop in dispute alleging that the petitioner is a tenant in the suit premises at a monthly rent of Rs. 500/- and has not paid the arrears of rent from 11.1978 to 1.2.1983. The petitioner had contested the eviction petition. The relationship of landlord and tenant was denied. According to the petitioner, the rent was Rs. 40/- P.M. and as per the petitioner he was a tenant before 1.1.1978.

(3.) LEARNED counsel for the petitioner urged that rent was Rs. 40/- P.M. According to him there was no rent agreement on the record. The letter dated 20.7.1980 does not indicate that rent was in any case Rs. 500/- P.M. and all witnesses examined were inimical towards the petitioner. The obvious objection to the said argument was that this is a finding of fact arrived at by the Appellate Authority which is not likely to be disturbed in the revision petition.