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2005 Supreme(P&H) 879

HEMANT GUPTA
Mohan Lal – Appellant
Versus
Gurcharan Kaur – Respondent


Judgment

Hemant Gupta, J.

1. The tenant has filed the present revision petition aggrieved against the order of ejectment passed by the Courts below whereby he has been ordered to be ejected on the ground that he has failed to pay the arrears of rent for the period from 1.6.1977 to September, 1982.

2. One Fauja Singh was owner of the demised shop. Said Fauja Singh died on 1.6.1977. His daughter Gurcharan Kaur filed the present ejectment petition on 31.10.1983, inter alia, on the ground that the tenant is liable to be evicted on the ground of non-payment of rent which is alleged to be Rs. 300/- per month. It was the stand of the tenant that the rate of rent is, in fact, Rs. 55/- and he has been making the payment of rent to Swaran Singh after the death of Fauja Singh. In the evidence led, the landlady examined herself as AW1 and deposed that the petitioner herein was inducted as a tenant at monthly rent of Rs. 300/-. AW2 Sadha Singh and AW3 Mat Singh deposed to the similar effect. To rebut this evidence, Swaran Kaur, wife of present petitioner, appeared as RW1. Ram Lal Sehgal appeared as RW2 and deposed that the rate of rent of the demised premises was Rs. 55/- per month. RW5 Mohan de











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