Union Radios and another vs Vidya Wati and others

J.V. Gupta, J.—The is tenants'' revis(Sic)on petition against whom eviction order has been passed by both the authorities below.

The landlords Shrimati Vidya Wati and Ram Tirath, sought the ejectment of their tenant Ram Parkash inter alia on the ground that he was in arrears of rent with effect from June 1, 1979. The ejectment application was filed on March 2, 1981 According to the landlords, the rent agreed between the parties originally when the premises were let out in February, 1973, was Rs. 100/- per month. From June 1, 1979, the same was increased to Rs. 180/- per month. The stand taken by the tenant was that the rent was Rs. 100/- per month only. It was never increased to Rs. 180/- per month from June 1, 1979, as alleged. It was denied that he was in arrears of rent with effect from June 1, 1979. onwards. According to the tenant, the arrears of rent up to December 31, 1980, had already been paid. According to him, he had tendered before the Rent Controller the arrears of rent with effect from February 12, J980, onwards, on the first date of hearing. He further pleaded that the rent paid to the landlord is entered in his account books which are regularly maintained. The writing Exhibit A-2, alleged to have been written by the tenant was denied and it was pleaded that it was a forged one. The learned Rent Controller found that the rent was Rs. 100/- per month and that it was never increased from June 1, 1979, as claimed by the landlords. It was further found that the tenant was in arrears of rent with effect from June 1, 1979 to December 31, 1980, as he had failed to prove by any cogent evidence that he bad paid the rent at the rate of Rs. 100/- per month to the landlords. It was observed by the learned Rent Controller:

Under these circumstances in the absence of original receipts being produced which are alleged to have been received by the Respondents from the Petitioner and non-production of original account books when seen in the light of the statement of Accountant who writes the same, I am constrained to hold that Respondent has failed to prove payment of Rs. 1,663/- to Vidya Wati on 6-4-81 Under these circumstances tender made by Respondent is short definitely and Respondent is liable for ejectment on this score.

Consequently, the eviction order was passed on December 18, 1982. In appeal, the Appellate Authority affirmed the said findings of the Rent Controller and came to the conclusion that even if the rent was Rs. 100/- per month, it was for the tenant to prove that he had paid the rent to the landlords with effect from June 1, 1979. The tenant admitted in his statement that he had been getting the receipts from the landlords for payment of the rent, but he did not produce them before the Rent Controller. Consequently, the eviction order was maintained on February 18, 1985.

The learned Counsel for the Petitioners submitted that once it was found that the rent was Rs. 110/- per month and not Rs. 180/- per month, as claimed by the landlords, the ejectment application was liable to be dismissed on this ground alone. He further submitted that it has been wrongly held that the account books were not produced. He referred to the statement of the Accountant R. W. 2 Subhash Chander where he stated that he had brought the original ledger that day in Court.

On the other hand, the learned Counsel for the Respondents submitted that according to R. W. 2 Subhash Chander, rent up of December 31, 1980, was paid on April 6, 1981, whereas the ejectment application had already been filed on March 1981. Thus, argued learned Counsel, there was absolutely no occasion to make the payment after the ejectment application bad already been filed. Moreover, argued the learned Counsel, no receipts obtained by the tenant as admitted by him in his statement, were produced by him. Under the circumstances, it has been rightly held by the authorities below that the tenant was in arrears of rent and the said finding should not be interfered with in the revisional jurisdiction.

After hearing the learned Counsel for the parties and going through the relevant evidence on the record, I do not find any merit in this revision petition.

On the appreciation of the entire evidence it has been concurrently found that the tenant had failed to prove the payment of arrears of rent from with effect June 1, 1979 to December 31, 1980. The tenant while appearing as R. W. 1 categorically stated,--

rent and duly entered the same in my account books. I have not brought my books of account today as the same are lying with my income tax lawyer

R. W. 2 Subhash Chander stated,--

As per ledger for the year 1981-P2 1st payment has been made by way of rent on 6-4-81 of Rs. 1665/- to Vidya Wati This payment is up to 31 Dec. 1980. An amount of Rs. 625/- again has been paid on 25 May, 81, to Vidya Wati in the Court as per the ledger

Admittedly, the copies of the ledger or other account books were never produced in Court, nor the said receipts were brought on the record. Under the circumstances, I do not find any illegality or impropriety in the concurrent findings of the authorities below.

Consequently, this revision petition fails and is dismissed with costs The tenant is allowed three months time to vacate the possession. Vide this Court order dated September 6, 1985, it was undertaken by the tenant Petitioner that in case his revision petition is dismissed, he will pay the balance amount of the arrears at the rate of Rs. 180/- per month within two months of the dismissal of the petition. In these circumstances, the tenant is allowed two months'' time to deposit the arrears of rent in view of the said undertaking, at the rate of Rs. 180/- per month with advance rent for three months with a further undertaking in writing that after the expiry of the said period, vacant possession will be handed over to the landlords.