KABUL SINGH Vs. GURINDER SINGH

JUDGEMENT

(1.) Kabul Singh has filed the present revision petition directed against the order passed by the learned Rent Controller, Chandigarh dated 17.7.1985 and that the Appellate Authority dated 8.11.1988 respectively. The learned Rent Controller had passed an order of eviction against the petitioner which was upheld by the Appellate Authority.

(2.) The sole ground of eviction taken by the respondent-landlord was that petitioner is a tenant in the suit property at a monthly rent of Rs. 1,500/- excluding water, electricity charges and house tax. The rent was payable in advance on the first date of each month. The petitioner was pleaded to be in arrears of rent from 1.9.1981. The other ground of eviction that there has been change of user does not survive for consideration. In the written statement filed, the petitioner denied that arrears of rent were due. The petitioner's case is that off and on the landlord had been issuing the receipts. The rent has been paid upto the end of July, 1982. A receipt was issued dated 10.7.1982.

(3.) The learned Rent Controller framed the issues and concluded that arrears of rent were due. The same had not been tendered on the first date of hearing and an order of eviction was passed. An appeal was filed against the said order of the learned Rent Controller. The Appellate Authority did not accept the rent receipt which was set up by the petitioner and relying on the report of the Handwriting and Finger Print Expert Shri K.N. Parshad from the Forensic Science Laboratory, Chandigarh held that it was not a genuine document. The order of the learned Rent Controller was approved. Hence, the present revision petition.