SUDHIR KUMAR Vs. KULDIP SINGH MALHOTRA

JUDGEMENT

(1.) Tenant - petitioner has invoked revisional jurisdiction of this Court under Section 15 (5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act), challenging the judgment / order dated 01.10.2009 passed by the learned Rent Controller, Ludhiana, as well as judgment / order dated 07.01.2010 passed by the learned Appellate Authority, Ludhiana. The brief facts of the present case are that the landlord - respondent has filed eviction petition against the tenant - petitioner herein on the ground of arrears of rent contending that tenant is in arrears of rent w.e.f. 01.03.1997 at the rate of Rs. 1920/- per month and at the rate of Rs. 2304/- w.e.f. 1.3.2000.

(2.) Learned Rent Controller vide order dated 10.09.2009, assessed the provisional rent and directed the tenant to pay Rs. 3,62,259/- on or before adjourned date 01.10.2009. Order dated 10.09.2009 was challenged by way of revision being C.R. No. 5521 of 2009 before this Court, which was directed to be dismissed by this Court vide order dated 25.09.2009. However, liberty was granted to the tenant to approach the Rent Controller for extension of time to tender the arrears of rent, if so permissible in law. After dismissal of the revision petition vide order dated 25.09.2009 by this Court, the tenant - petitioner herein moved an application before the learned Rent Controller on 01.10.2009 seeking extension of time to tender the assessed rent. The learned Rent Controller thereafter vide impugned judgment/order dated 01.10.2009 directed the eviction of the tenant on the ground that tenant has failed to make payment in compliance with the provisional assessment order dated 10.09.2009. The judgment/order passed by the learned Rent Controller dated 01.10.2009 was challenged before the learned Appellate Authority being Rent Appeal No.15 dated 15.10.2009 which too was dismissed by the learned Appellate Authority vide judgment dated 07.01.2010. Feeling aggrieved, tenant has invoked revisional jurisdiction by way of present revision petition.

(3.) I have heard learned counsel for the parties and perused the record carefully.