KRISHAN LAL BAREJA Vs. MUKESH TALWAR

JUDGEMENT

(1.) 1. Applicant (third party) is seeking review/recall of the order dated 13.1.2010 passed by Honble S.D. Anand J., as the lordship then was, thereby dismissing the revision filed by the revisionist as withdrawn having observed:- In order to allay the apprehension in the mind of the learned counsel for the petitioner it is ordered that future rent shall be deposited into the Court and the petitioner shall be entitled to disbursement thereof only after obtaining a certification from a competent court about his entitled to draw it as legal representative of deceased Ram Dass.

(2.) The brief facts of the present case are that Krishan Lal preferred an eviction petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act for eviction of tenant-revisionist from the demised shop on the ground of arrears of rent. Before the Rent Controller an application was moved by the revisionist to direct the respondent-tenant to tender rent @ Rs. 890/- per month saying shop was taken on rent from Sh. Ram Dass father of revisionist in the year 1986 @ Rs. 425/- per month excluding house tax and electricity charges; it was agreed that respondent shall increase the rent @ 10% after every three years; in this way the present rent of the shop in dispute is Rs. 890/- per month; father of the revisionist had disowned Narain Dass from his property, hence, respondent be directed to tender rent in the Court. In reply to the application moved by the revisionist, tenant has asserted that in the rent deed dated 19.7.1986 provision was made that after the death of Ram Dass, original landlord, Narain Dass one of the son of Ram Dass would recover the rent; Narain Dass has been recovering the rent from the tenant after the death of Ram Dass; tenant has paid entire rent till 31.8.2009 to Sh. Narain Dass and has obtained receipt from Narain Dass. It is further asserted that revisionist Krishan Lal and other legal heirs of Ram Dass have been collecting rent of different properties.

(3.) Learned Rent Controller vide order dated 5.10.2009 assessed the rent at the rate of Rs. 600/- per month excluding house tax. However, it is observed by learned Rent Controller that in the present case petitioner has not pleaded for which period rent is due against the tenant. It is further observed by Rent Controller that tenant has stated that he had been paying rent to Narain Dass and tenant has produced receipts issued by Narain Dass upto the period 31.8.2009. It is further observed that since, tenant has already paid the rent to Narain Dass, one of the LR of deceased Ram Dass, hence, respondent tenant is not liable to tender the rent.