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2006 Supreme(P&H) 96

HEMANT GUPTA
Som Dutt – Appellant
Versus
Jagdish Ram @ Jagdish Rai – Respondent


Judgment

Hemant Gupta, J.

1. The landlord are in revision petition aggrieved against the order passed by the Courts below whereby the ejectment petition filed by the petitioners on the ground that the tenant is in arrears of rent was dismissed.

2. The only question which survives between the parties is what is the rate of rent. As per petitioners, the rate of rent is Rs. 185/- per month, the rate at which the tenant was paying rent to the petitioners, in earlier ejectment petitions. On the other hand, both the Courts below have held that the rate of rent is Rs. 70/- per month as per stand of the respondent.

3. Learned Counsel for the petitioners has relied upon Exhibit A-6, entries from the house tax assessment register, to contend that the rate of rent is Rs. 185/- per month and that bald oral statement of the tenant is not trustworthy on the basis of which any finding can be returned that the rate of rent is Rs. 70/- per month. Learned Counsel for the petitioners has also referred to the previous judgment between the parties, Exhibit AA, to contend that the rate of rent is Rs. 185/- per month.

4. However, I am unable to accept the arguments raised by learned Counsel for the petiti


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