RATTAN LAL Vs. KAUSHALYA DEVI

JUDGEMENT

(1.) Predecessor of the respondents had filed a rent petition for eviction of the tenant- petitioner on two grounds i.e. (i) non-payment of rent (ii) impairing the value and utility of the demised premises. The rent petition was dismissed. However, the appellate authority allowed the appeal and the petition for eviction on the ground of non-payment of rent and hence this Civil Revision was filed against that order.

(2.) The facts regarding the non-payment of rent are that the rent was claimed at the rate of Rs. 100/- per month (however, there are findings of both the courts below that the rent was Rs. 50/- per month). The petition for eviction was instituted on 16-8-1977 and the tenant petitioner was summoned for 6-3-1978. On that date the arrears of rent were assessed at the rate of Rs. 100/- per month totalling Rs. 400/- and after adding an interest of Rs. 21.34 and costs of Rs. 20.66 a total sum of Rs. 442/- was worked out and assessed. The case was adjourned to 20-3-1978. On that date the Presiding Officer was on leave and the Reader wrote a zimni order that a total sum of Rs. 442/- was tendered by the tenant under protest but the landlord declined to accept it and the case was adjourned to 4-4-1978. On 4-4-1978 the Presiding Officer was against on leave and the case was adjourned to 24-4-1978. Thereafter the case was adjourned to 22-5-1978 for filing the written statement. In the meanwhile, the tenant-petitioner deposited Rs. 442/- in the 67 treasury at Jagadhri on 28-3-1978. These are the facts and the whole case is to be decided on these facts.

(3.) The relevant provision is in Section 13(2)(1) of the Haryana Urban (Control of Rent and Eviction) Act (hereinafter referred to as "the Act"). The same is as under :-