DINESH KUMAR Vs. ABDUL RASHID

JUDGEMENT

(1.) Some facts are required to be noticed. Respondent-landlord filed a ejectment petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 seeking eviction of the petitioner-tenant from a shop situated at Guruteg Bahadur Colony, Backside Prem Lata Hospital, Malerkotla. Eviction has been sought on the ground of non-payment of rent. Landlord claims that the rate of rent is Rs.5,000/- per month with an agreement to increase the rent @ 5% per year whereas the tenant claims that rate of rent is Rs.2500/- per month. Learned Rent Controller made a provisional assessment of rent at the rate of Rs.3500/- per month alongwith house tax, interest and cost. Such provisional assessed rent was duly deposited by the tenant.

(2.) While finally adjudicating the case, the Rent Controller assessed that the rent payable is Rs.5000/- per month. However, the clause providing for increase of the rent yearly was held to be not enforceable. The Court ordered that the tenant would pay arrears of rent as per the directions of the Court within a period of two months. The relevant extract of the directions in the judgment dated 30.1.2017 are extracted as under:-

(3.) Tenant filed an application for depositing the aforesaid arrears as directed within a period specified i.e. on 28.3.2017 which was allowed and the tenant deposited Rs. 10,380/- in the Government Treasury as directed by the Executing Court.