Judgement

OZA, J. :- This is an appeal by the tenant against an order of eviction granted by the Rent Controller and maintained by the appellate authority and revision petition against which was dismissed by the High Court. The eviction was sought on the ground of arrears of rent. It was alleged that the shop in dispute was let out to the appellant tenant Rs. 5000/- per annum whereas according to the appellant tenant the rent was Rs. 2500/- per annum and not Rs. 5000/- per annum. It was pleaded in the application on behalf of the landlord that the rent note was executed on March 25, 1975. This was for one year and the rent fixed was Rs. 5000/-. According to the tenant, it was pleaded that the rent was Rs. 2500/-. The signature on the rent note was disputed.

2. After recording evidence the courts below have come to the conclusion that the rent note was executed by the appellant-tenant. The rent note mentions that it is for one year. It appears in evidence that initially Rs. 5000/- were paid by the appellant and later on Rs. 2500/- were returned. According to the landlord this was returned as it was agreed that the tenant will remain in the premises only for 6 months and not for one ye