DULI CHAND Vs. MAMAN CHAND

JUDGEMENT

(1.) This appeal by special leave is directed against a judgment, dated Oct. 15, 1965, of the Punjab High Court at Chandigarh.

(2.) The appellant is the landlord; the respondent is the tenant. The appellant made an application on May 2, 1964 under Sec. 13 of the East Punjab Rent Restriction Act. 1949 (hereinafter referred to as the "Rent Act") before the Rent Controller. Bhiwani for ejectment of the tenant-respondent from the shop in dispute on the ground that the respondent had failed to pay rent for the period from Feb. 1, 1964 to March 31, 1964 in addition to house-tax and water-tax. According to the appellant's application, the respondent was to pay Rs. 50/- p. m. as rent.

(3.) On May 25, 1964. which was the date of first hearing, the respondent made an application to the Rent Controller, stating that he had deposited Rs. 109.37 np. in the Government Treasury under the orders of the Court of the Rent Controller-cum-Senior Sub-Judge on April 14, 1964 towards the rent for the months of February and March 1964 and thereafter a further amount towards the rent of April 1964, under the Punjab Relief of Indebtedness Act, 1934 (hereinafter referred to as the "Relief Act") to the credit of the landlord, about which notice had been issued to the later. Along with that application, he further tendered Rs. 26.75 np. (including Rs. 0.75 towards interest, Rs. 25/- towards cost and Rs. 3/- for over-head expenses) and deposited the same in the court to the credit of the appellant on April 14, 1964, because the latter declined to accept the amount tendered saving that the tender was not in compliance with the proviso to sub-sec. (2) of Sec. 13 of the Rent Act.