DOCTOR AMAR NATH Vs. LEKH RAJ

JUDGEMENT

(1.) After hearing the learned counsel for the parties, I find that the judgment of the Appellate Authority cannot be sustained as it has not come to a firm finding about the agreed rate of rent for the premises in dispute. Without such a finding it is not possible to conclude whether the tenant has committed a default or not. In view of this situation it is necessary to frame a specific issue on the point and it is ordered accordingly. The following additional issue is, therefore, framed :

(2.) The impugned order of the Appellate Authority is, therefore, set aside and the case is sent back to the Appellate Authority (District Judge, Faridkot) with the direction that he shall afford opportunity to both the parties to lead evidence on the abovementioned additional issue and then record a finding on the same. The appeal of the respondent, tenant shall then be decided afresh on the basis of the finding on that additional issue. The parties have been directed to appear before the Appellate Authority on January 19, 1981, for further proceedings in this matter.

(3.) The learned counsel for the respondent, Mr. H. L. Sarin states at the bar that the arrears of rent with effect from November 1, 1973 to December 31, 1980, i e., for 86 months at the rate of Rs. 45 per month totalling Rs 3,870 shal1 be paid in cash to the landlord on the first date of hearing before the Appellate Authority, as fixed above. In case the landlord is absent on that date or does not accept the tender of above arrears, the tenant shall be at liberty to deposit the amount in the Court of the Appellate Authority. Furthermore, if the payment is not so deposited on the date stipulated, the present revision petition would be deemed to have been accepted and the order of the Rent Controller directing eviction of the respondent be deemed to have been restored.