J.V.GUPTA
Mehar Chand – Appellant
Versus
Tilak Raj Girdhar – Respondent
1. This order will dispose of Civil Revision Petitions Nos.909 and 910 of 1980, as the facts are identical in both of them and the landlord is also the same.
2. Tilak Raj Girdhar, landlord, sought the ejectment of his tenants Mehar Chand and his son Dalip Kumar in rent application No.2-1 of Sept. 17, 1977 and that of his other tenant, Dewan Chand in rent application No. 51-R of 1977, on the ground of non-payment of rent. Against Mehar Chand and his son Dalip Kumar, it was alleged that the shop, in dispute, was on rent with them at a monthly rent of Rs. 130/-, they were liable to pay the same on the first of each month and that they had not paid the rent from Oct. 1, 1968, till the date of the application which was instituted on Sept. 17, 1977, and as such, they were liable to be evicted from the demised premises. The tenants-petitioners admitted the relationship of the landlord and tenant between the parties, but pleaded inter alia that the rate of rent was Rs. 60/-, and not Rs. 130/- per month, as alleged by the landlord and that they had paid the rent up to July 31, 1977. However, the rent from Aug. 1, 1977 to Dec. 31, 1977, amounting to Rs. 300/- at the aforesaid rate of
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