G.C.Mital, J.

1. On 11.11.1980, Khanaya Lal filed an application for ejectment under section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) against his tenant Lok Nath on one of the grounds that he was in arrears of rent with effect from 1.1.1970 at the rate of Rs. 50/- per month. Several other grounds were also raised. The landlords case was that from the very beginning this was the rate of rent. The tenant contested the ejectment petition and pleaded that Rs. 10/- per month was the rate of rent and that he had already paid rent up to 31.10.1980 and tendered rent for the months of November and December, 1980, on the first date of hearing along with costs and interest. The Rent Controller came to the conclusion that the landlord failed to prove all the four grounds on which ejectment was sought. He disbelieved the landlords statement that the rate of rent was Rs. 50/- per month and that it was due from 1.1.1970 and relied upon the statement of tenant and his witnesses that the rate of rent was Rs. 10/- per month beside placing reliance on receipt Exhibit R. 1 which showed that Rs. 20/- were paid as rent for two month up to 30.5.1