N.K.KAPOOR
Gurcharan Singh And Ors. – Appellant
Versus
State Of Punjab – Respondent
N.K.Kapoor, J.
1. This landlords revision petition against the order of the order of the appellate authority whereby the order of the Rent Controller was reversed, thus dismissing the eviction application.
2. The petitioners sough eyiction of the respondents from the ground floor of SCO No. 315-316/35B Chandigarh, on the ground of non payment of rent. In response to the notice issued by the Court the respondents put in appearance and filed written statement contesting the various grounds of ejectment. The stand taken by the respondents was that they had never agreed for the enhancement of rent as regards payment of rent. They claimed that the rent had already been paid. The precise stand of the respondents, as given in para No. 3 of the written statement, is hereunder reproduced as reference to the same will be made in subsequent part of the judgment. Para No. 5 of the written statement reads as under:-
"No arrear of rent is due as the rate at which the rent is being pad to the plaintiff is already in excess as per the decision of the Coordination Committee constituted by the Govt. for the purpose. The rent from 13.1987 to 28.2,1989 has been paid to the petitioners by bank
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