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1989 Supreme(SC) 149

L.M.SHARMA, S.R.PANDIAN
Rubber House – Appellant
Versus
Excelsior Needle Industries Private LTD. – Respondent


Advocates:
D.N.Mishra, K.M.M.Khan, R.F.NARIMAN, RAKESH SAHNI, VINIT KUMAR

JUDGMENT

S. RATNAVEL PANDIAN, J.:— This appeal by special leave under Article 136 of the Constitution is against the judgment and order dated 29-5-80 in Civil Revision No. 216 of 1980 passed by the High Court of Punjab and Haryana at Chandigarh.

The respondent herein being the owner of the tenanted premises (i.e. two sheds) filed a petition for ejectment before the Rent Controller against the tenant, the appellant herein on the ground that the tenant had not paid the rent from 1-5-74. The monthly rent for the premises was originally Rs. 950/-. According to the landlord under the provisions of Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act) the rent of the demised premises was liable to be increased from Rs. 950/- to Rs. 1142/- per mensem. The landlord gave notice to the tenant to pay the rent at the enhanced rate of Rs. 1142/- per mensem with effect from 26th June 1974 but the tenant defaulted in making the payment of rent and as such he was liable to be ejected from the premises on the ground of non-payment of rent. The tenant resisted the application stating that the landlord was not entitled to claim enhanced rent at the rate mentioned






































































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