SHANTI DEVI Vs. SAWAN RAM

JUDGEMENT

(1.) The tenant petitioner has filed this revision petition against the order of the Appellate Authority, Ambala dated 12th January 1978, whereby the order of the Rent Controller directing her ejectment has been maintained.

(2.) After hearing the learned counsel for the petitioner, I do not find any merit in this petition. Admittedly, arrears of rent, as claimed by the landlord were not paid or tendered on the first date of hearing. The plea of the tenant that the payment of rent which could be said to have been due on the date of application, i.e. upto the end of August, 1975, has accepted by the both authorities below. After going through the statement made by the tenant in Court, I am satisfied that the conclusions arrived at on this issue deserve no interference in the exercise of revisional jurisdiction. The tenant stated in her statement at R.W. 3, that she had paid the rent upto February, 1977, when she appeared before the Rent Controller on 25th February, 1977. No receipt to that effect was produced. The plea taken was that the landlord never issued any such receipts. It can be hardly believed that a tenant will pay the arrears without any receipts, particularly when the litigation is going on between the parties. Under these circumstances, the plea of the tenant as to the payment of rent due at the time of application for ejectment has been rightly repelled. In view of this finding the controversy on issue No. 2 becomes redundant and need not be gone into in this petition.

(3.) For the reasons recorded above, this petition fails and is dismissed with costs. However, the tenant-petitioner is allowed two months time to vacate the premises, provided all the arrears, if any and advance rent for two months is paid or deposited within 15 days from the date of the order.