S MOHINDER SINGH Vs. CHANDER SHEIKHER

JUDGEMENT

(1.) THE respondent -landlord has filed a suit for ejectment and for recovery of arrears of rent against the petitioner -tenant in the court below in respect of the demised premises leased out to petitioner -tenant on a monthly rental of Rs.250/ -, principally on the ground of personal necessity. The petitioner -tenant is contesting the suit on various grounds, however, he in his written statement has admitted the tenancy under the respondent -landlord at the monthly rental of Rs.250/ -.

(2.) IT is not in dispute that the petitioner -tenant has not paid the rent for the months of December 1998 upto ending June 1999 and, thus, an amount of Rs.1750/ - is outstanding against him towards the respondent -landlord. The respondent -landlord, therefore, filed an application under Section 12(4) of Houses & Shops Rent Control Act before the trial court for seeking a direction to the petitioner -tenant for paying or depositing the arrears of rent in the court and for also paying the future rent regularly.

(3.) THE petitioner -tenant without disputing the fact that he had not paid the said arrears of rent to the respondent -landlord contested the application on the ground that he cannot be held to be in arrears of rent because he has already paid an amount of Rs.7250/ - as rent for 29 months for the period commencing from December 1998 to ending April 2001 to one Parshotam Kumar, son of Sh. Sartan Ram, resident of Chabutra Bazar, Udhampur, who is alleged by him to be the paramount title holder of the demised premises. In his objections he took up the plea that the said paramount title holder had served a notice upon him that he had decided to terminate the tenancy of Dev Raj (respondent -landlord) and further directed him not to pay the outstanding rent from December 1998 to the respondent -landlord. Therefore, under the threat of eviction, he attorned to the paramount title holder. The learned trial court vide its order impugned dated 5.11.2003 has rejected the defence put forth by the petitioner -tenant and allowed the application of respondent -landlord with a direction to the petitioner -tenant to deposit the arrears of rent pending since December 1998 to October 2003, within a period of one month and fifteen days from the date of passing of the order and to pay the future rent at the stipulated rate before 15th day of every month to the respondent -landlord, being of the view that the petitioner -tenant after having admitted his tenancy under the respondent -landlord was estopped from disputing the title of his landlord while continuing in possession of the demised premises. Being aggrieved of the order, the petitioner -tenant has filed this revision petition.