VINOD KUMAR AND ANR Vs. ISHWAR DAYAL

JUDGEMENT

(1.) Present revision is preferred by the landlord - petitioners under Section 15(6) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act), impugning the order dated 29.8.2008 passed by the Rent Controller, Hissar as well as the Judgment dated 20.8.2009 passed by the Appellate Authority, Hissar, whereby the Courts below have dismissed the eviction petition filed by the landlord petitioners herein.

(2.) Brief facts of the present case are that the landlord preferred an eviction petition against the tenant on the ground, inter alia, that the respondent is tenant of the petitioners and earlier the rent was Rs. 900/- per month plus house tax as per rent note dated 1.8.1981; fair rent has been fixed by the Rent Controller, Hissar as Rs. 119/- per month w.e.f. 21.2.1998; respondent is liable to be evicted on the ground that he is a bad paymaster and failed to pay rent despite repeated demands; rent and house tax with effect from 1.5.2003 till the date of filing the revision petition is outstanding against the tenant.

(3.) On notice, respondent appeared and filed written statement taking preliminary objection that only ground for seeking eviction in the present case is that the tenant is in arrears of rent; respondent has tendered arrears of rent within 15 days from the date of first hearing, however, respondent had filed an application seeking permission of the Court to tender house tax, which was allowed by the Court vide order dated 17.1.2008 and accordingly, respondent tendered arrears of house tax amounting to Rs. 4196.50. It is further alleged by the tenant that he has deposited Rs. 4796/- in excess while tendering the arrears of rent within 15 days from the date of service of summon.