HARJINDER SINGH AND ORS. Vs. MAAN SINGH

JUDGEMENT

(1.) The petitioners/landlords herein had instituted a petition for eviction of the respondent/tenant herein from the demised premises on the ground of the tenant/respondent herein having fallen in arrears of rent from 1.6.1995 to 31.8.2001 at the rate of Rs.1200/- per mensem along with house tax, interest and increase of rent at the rate of 10%. The detailed calculations of the lump sum amount in which the respondent herein has fallen into arrears of rent stand extracted hereinafter:-

(2.) The learned Rent Controller on a perusal of the evidence adduced before it discerned therefrom that since the petitioners herein had discharged the onus on the apposite issues, hence it proceeded to render an order of eviction of the respondent herein from the demised premises. Nonetheless, it was mandated therein that the order of eviction shall not be executable, if the arrears of rent w.e.f. April and May 1995 at the rate of Rs.1000/- per month, at the rate of Rs.1100/- per month w.e.f. 1.6.1995 till 30.6.1998, at the rate of Rs.1210/- per month w.e.f. 1.7.1998 to 30.6.2003 and at the rate of Rs.1331/- per month w.e.f. 1.7.2003 till date along with interest at the rate of 9% and costs assessed at Rs.500/- are deposited by the respondent within a period of 30 days of the order of the learned Rent Controller. The respondent herein standing aggrieved by his being ordered to be evicted from the demised premises by the learned Rent Controller, instituted an appeal therefrom before the learned Appellate Authority under the relevant provisions of the H.P. Urban Rent Control Act, 1987 (hereinafter referred to as the 'Act').

(3.) The brief facts of the case are that the petitioners herein have filed the eviction petition for eviction of the respondent herein from the shop in dispute, situate in Ward No.1 on UnaNangal Road, near ITI, Una. The shop was let out to the respondent by Sh. Banta Ram predecessor- in-interest of the petitioners in April, 1995 at the rent of Rs.1200/- per month plus house tax as imposed by the M.C. Una. The shop in dispute was purchased by Banta Ram from its original owner Smt. Krishana wife of Ram Murti. The respondent is in arrears of rent from 1.6.1995 to 31.8.2001, besides the respondent herein is also in arrears of rent on account of 10% increase from April, 2000 to August 2001.