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2009 Supreme(P&H) 2012

K.KANNAN
Amreek Singh – Appellant
Versus
D. N. Gaur, Chief Engineer, Nuclear Power Corporation Of India Limited – Respondent


Judgment

K.Kannan, J.

1. The tenant, who has been directed to be evicted by the Rent Controller and the Appellate Authority, is the revision-petitioner before this Court. The non-payment of rent on the basis of which the landlord sought for eviction was for a period from 01.03.2004 to 31.03.2005 at Rs.4,000/- per month and a sum of Rs.6,500/- was also reported as outstanding towards arrears of house tax. The contention on behalf of the respondent was that although the rent note was for Rs.4,000/-, there was an oral agreement to reduce the rent to Rs.3,000/- and it had also been admitted so in the evidence of the landlord. The further contention was that he had paid rent at all times and there was no default. An additional plea in alternation was that the tenant had paid Rs.3 lakhs pursuant to an oral agreement to purchase the property and even if the agreement could not be enforced, the said amount ought to have been directed to be adjusted against the amount that is found due. The Rent Controller and the Appellate Authority rejected the contention of the tenant finding that there was no proof for payment of lease for the relevant period and directed eviction.

2. The learned counsel








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