Civil Revision No. 4077 of 2009 -1- ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.4077 of 2009 Date of decision : 18.3.2010 Vinod Kumar Verma ....Petitioner Versus Smt. Janak Jain ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Vikas Jain, Advocate for the petitioner. Mr. Adarsh Jain, Advocate for the respondent S. D. ANAND, J. The parties are successors-in-interest of their respective predecessors-in-interest i.e. petitioner-tenant inherited the tenancy from his father who was originally a tenant under Shri Chander Parkash from whom the title of the tenanted premises was inherited by the respondent-landlord Mst. Janak Jain. Respondent-landlord applied for ejectment of the petitioner-tenant from the tenanted premises on an averment that the latter is a chronic defaulter and is in arrears of rent at the rate of Rs.1220/- per month. The sustenance, in the context of the averment qua the amount of rent, was placed upon various receipts and an agreement between the parties which provided for an enhancement at the rate of 10% of the rent. The petitioner-tenant did not deny the relationship but averred the contrary in the context of the rate at which rent was payable and also the averred Civil Revision No. 4077 of 2009 -2- ***** enhancement. The learned Rent Controller recorded a finding in the context in favour of respondent-landlord and against the petitioner- tenant. The learned Appellate Authority affirmed the finding. Learned counsel appearing on behalf of the petitioners argues that the finding, through affirmative in character, deserves invalidation for the reason that rent receipts relied upon by both the Courts had not been pleaded in the pleadings and there was, thus, no occasion for the petitioner-tenant to offer a denial thereof. The plea merely deserves to be noticed to be discarded. It would be evident from a perusal of the discussion recorded by the learned Appellate Authority that the contents of Ex.R/1 to Ex. R/4 were supportive of the contents of counter foils of the rent receipts Ex. P2 to Ex. P6 which (Ex. P2 to Ex. P6) indicated the fact that the rent came to be enhanced from time to time. The petitioner-tenant had disputed the signatures on the counter foils of receipts Ex. P/2 to Ex. P/6 and the writing Ex. P/7 which appears on the rear of the counter foil dated 1.9.1998 and further which has otherwise been proved by its attesting witness Baldev Raj PW1. The learned Appellate Authority compared the disputed signatures and found that signatures of petitioner-tenant tallied with the signature on the written statement dated 10.2.2000. In the light of foregoing discussion, It is apparent that there is nothing illegal or perverse on the part of the learned Appellate Authority in having affirmed the finding recorded by the Civil Revision No. 4077 of 2009 -3- ***** learned Rent Controller which held that the tender made by the petitioner-tenant was short of requirement. The petition is held to be denuded of merit and is ordered to be dismissed. The petitioner- tenant shall have two months time from today to vacate the premises aforementioned. March 18, 2010 (S. D. ANAND) Pka JUDGE