JYOTI PRASHAD VINOD KUMAR Vs. YASH PAL

JUDGEMENT

(1.) Leave granted

(2.) This is an appeal against the judgment and order of a learned Single Judge of the High court of Punjab and Haryana dated 26/5/1995, passed in Civil Revision No. 4928 of 1994, dismissing the revision petition of the present appellants in limine

(3.) The facts as are relevant for our purpose are as follows: In an eviction petition, raising a number of grounds, the sole surviving one was whether the tenants had made a valid tender of arrears of rent, inclusive of taxes. The period for which arrears of rent were claimed was from 1/4/1984 till 30/9/1986. So far as the quantum of contractual rent was concerned, that indisputably was paid before the Rent Controller. The dispute centered around the payment of house tax. It is undisputed that the house tax was payable w. e. f. 1/4/1985. The fact that the said house tax could form part of the rent was never disputed. Section 8 (1 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (11 of 1973 provides for this eventuality, which is worth reproduction at this stage, which reads: