RAKESH KUMAR GARG, J.

For the reasons mentioned in the application, which is supported by an affidavit of the petitioner, delay of 2 days in filing the Civil Revision is condoned.

The application stands disposed of. CR No.4958 of 2013 (O&M). This is tenant’s revision petition challenging the order of his eviction dated 25.04.2013 passed by the Appellate Authority, Ambala on the grounds of nonpayment of rent as well as personal bonafide necessity of the respondent landlord.

As per the averments made in the eviction petition filed on behalf of the respondent landlord, petitioner is a tenant in the demised premises with effect from 01.11.2006 and the monthly rent of the tenanted premises is 1200 since November 2006 with an increase of 5% every year. The rent of the premises was 1260 with effect from 01.11.2007. It was further asserted that the petitioner failed to pay the rent from January 2008 till November 2008 amounting to 13,860. It was further averred that the demised premises were required by the respondent landlord for his personal use and occupation as his son has grownup and the premises are required for use of the family. A further assertion was made that the respondent landlord has no other accommodation within the municipal area of Ambala Cantt., and with the aforesaid submissions it was prayed that eviction of the petitionertenant be ordered.

Upon notice, petitioner tenant appeared and filed written statement raising various preliminary objections. It was admitted that rate of rent was 1200 per month which was lateron increased to 1260 per month. However, it was submitted that the respondent landlord has already received the rent from the petitioner on 04.04.2008 and had further received advance rent for eight months at the rate of 1260 per month along with electricity charges for the period with effect from April 2008 to November 2008. Thus, an advance rent of 10,080 was paid and a receipt duly executed along with revenue stamp was also issued to him. It was further submitted that the respondent landlord was having sufficient property and vacant shop.

Rest of the averments were denied and it was prayed that eviction petition be dismissed. It may be noticed at this stage that the petitioner tenant made a statement on 11.12.2009 before the Rent Controller that he has already paid the demanded rent to the respondent landlord, and thus, did not tender the arrears of rent with costs and interest as assessed.

Thereafter, issues were framed on 06.03.2010 and the parties were allowed to lead evidence in support of their respective cases. After considering the evidence on record, the Rent Controller concluded that the rent claimed by the respondent landlord stood paid by way of receipts (Ex.D1 and D2) and also rejected the ground of personal necessity of the respondent landlord holding that the bonafide requirement of the landlord is not proved. Consequently, the eviction petition was dismissed vide order dated 10.02.2012 passed by the Rent Controller, Ambala.

Aggrieved from the aforesaid order of the Rent Controller, the respondent landlord filed an appeal before the Appellate Authority, Ambala which was accepted and eviction of the petitioner was ordered on both the grounds, i.e. the petitioner tenant was in arrears of rent and has failed to tender the arrears of rent and that personal necessity of the respondent landlord is proved from the evidence adduced on record.

It is well settled that onus to prove payment of rent is upon the tenant. In the instant case, the respondent landlord has claimed rent at the rate of `1260 per month with effect from January 2008 to November 2008. The petitioner tenant has taken a specific stand that the said rent stands paid as the respondent landlord has received the rent for the month of January 2008 to March 2008 and has also taken rent of eight months i.e. from April 2008 to November 2008 in advance and has also issued a receipt (Ex.D1) in this regard.

However, while non-suitin