LAL CHAND DEAD Vs. PIAYARE LAL

JUDGEMENT

(1.) A petition for eviction of tenant, on the ground available under clause (i) of subsection (2) of section 13 of the East Punjab urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act', for short) filed on 7.5.1980, was dismissed by the controller. The appellate authority allowed the appeal preferred by the landlord and directed the tenant to put the landlord in possession of tenancy premises. On a revision preferred by the tenant, the High Court has set aside the order passed by the appellate authority and restored the order of controller, though for reason at variance with the one assigned by the latter.

(2.) The facts in nutshell. The suit premises were initially let out by the landlord to the tenant on a monthly rent of Rs. 25. 00. The tenant was in arrears and proceedings for eviction were initiated. On 2.11.1973, there was a compromise arrived at between the parties. One of the terms of the compromise was that with effect from the date of compromise, the tenant shall be liable to pay rent at the rate of Rs. 35. 00 per month. With other terms of compromise, we are not concerned. The proceedings for eviction were disposed of in terms of the compromise.

(3.) On 24.7.1974, the landlord initiated second round of proceedings for eviction, alleging the tenant to be arrears of rent with effect from 1.10. 1973. Strangely enough, in spite of the compromise dated 2.11.1973, the landlord chose to lay a claim for recovery of rent at the rate of Rs. 25. 00 per month only. The tenant offered payment of rent at the rate of Rs. 35. 00 per month and tendered the same. However, the landlord took a stand that he would accept the rent only at the rate of Rs. 25. 00 and declined the tenant's tender of rent at the rate of Rs. 35. 00 per month. On 30. 9.1978, the second application for eviction was directed to be dismissed by the controller.