SUKHVINDER SINGH Vs. JASPAL SINGH

JUDGEMENT

(1.) This revision is directed against the judgment dated 05.08.2004 passed by learned Appellate Authority in Rent Appeal No.4 of 2002 affirming judgment dated 31.08.2002 passed by learned Rent Controller, Court No.III, Mandi, in Rent Petition No.10-II of 1995.

(2.) The facts, in brief, are that the petitioner had filed a petition under Section 14 of the Himachal Pradesh Urban Rent Control Act, 1987 ( for short 'Act') against respondent for ejectment from the premises, more specifically described in the petition, on the grounds that the premises was rented out to respondent on rent of Rs. 1,000/- per month. The respondent is irregular in payment of rent, he has not paid rent from January, 1992 onwards. The respondent has ceased to occupy premises for a continuous period of 12 months without reasonable cause.

(3.) The petition was contested by respondent by filing reply. It has been stated that respondent is running business in the premises under the name and style 'Paras Ram Kanwar and Company' and rent receipts were also issued in the name of the firm. It has been admitted that petitioner has purchased the premises. The relationship of landlord and tenant between the parties was admitted. The respondent pleaded rent Rs. 250/- per month instead of Rs. 1,000/- claimed by petitioner. The petitioner demanded enhanced rent and refused to take rent from January, 1993 onwards. It has been denied that respondent ceased to occupy the premises for a continuous period of 12 months.