Kewal Krishan vs Paras Mahajan - 2024 Supreme(P&H) 755

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 755

ALKA SARIN
Kewal Krishan – Appellant
Versus
Paras Mahajan – Respondent

Advocates Appeared:
Mr. Amit Dhawan, Advocate; For the Petitioner
Mr. Dheeraj Mahajan, Advocate; For the Respondent

JUDGMENT

Alka Sarin, J. (Oral)

The challenge in the present revision petition is to the orders of ejectment passed against the tenant-petitioner. The Rent Controller, vide order dated 19.04.2022, ordered the tenant-petitioner to be evicted on his failure to pay the assessed rent. Aggrieved by the same, an appeal was preferred which was also dismissed by the Appellate Authority vide order dated 28.04.2023.

2. The brief facts relevant to the present lis are that the provisional rent was assessed by the Rent Controller vide order dated 21.03.2022 in the presence of both the counsel for the parties and after hearing them. Para 3 of the said order reads as under :

"3. Thus, from the pleadings of both the parties, it is clear that relationship between both the parties of landlord and tenant is admitted. Moreover, there is no dispute qua the rate of rent of Rs. 600/- per month. Though, the respondent has alleged that he is paying rate of rent regularly, but he has failed to produce any receipt qua the payment of rent. As it is settled law that the rate of rent is to be proved by the landlord and the payment of rent is required to be proved by the tenant. Herein in this case, the respondent