CHAMAN LAL Vs. RAM DEV

JUDGEMENT

(1.) THE present revision petition has been filed by Chaman Lal (hereinafter described as "the petitioner") directed against the judgment of the learned Appellate Authority, Kurukshetra, dated 4.3.1982. The learned Appellate Authority had accepted the appeal and set aside the order passed by the learned Rent Controller, Kurukshetra dated 21.9.1981 and instead passed an order of eviction against the petitioner.

(2.) THE relevant facts are that the respondent-landlord had filed a petition for eviction against the petitioner-tenant with respect to the premises in dispute. It had been asserted that the shop in dispute had been let to the petitioner at a monthly rent of Rs. 187.50 per month and that the petitioner had not paid the arrears of rent from 30.3.1979 to 29.2.1980. The petitioner appeared through his counsel in the Court on 16.5.1980. The case was adjourned for tendering the rent to 24.5.1980 and thereafter to 2.6.1980. On 2.6.1980 the rent as claimed with interest and costs was tendered. It was accepted by the respondent-landlord under protest on the ground that the tender was not valid because it had not been made within the statutory period.

(3.) IN appeal the learned Appellate Authority took a view to the contrary, it was held that it is the duty of the tenant to tender or pay the arrears of rent in terms of the provisions of the Rent Act and once it has not been done the tenant must be evicted. Accordingly, an order of eviction was passed.