KHAZAN CHAND Vs. DES RAJ

JUDGEMENT

(1.) Khazan Chand was allotted House No. 149/13 in Bazar Gol Masjid Sharifpura, Amritsar, which he rented out to Des Raj respondent. It appears that somewhere in 1972 Khazan Chand filed an application under section 13 of the East Punjab Urban Rent Restriction Act against Des Raj for the latter's ejectment, on the ground of non-payment of arrears of rent for the period October 1, 1955 to October 31, 1972 at the rate of Rs. 15 per month which was claimed to be the rent agreed orally between the parties. The respondent resisted the petition. On the first date of hearing in the case, the tenant tendered Rs. 514.20 on account of arrears of rent, break up thereof is Rs. 414.20 on account of arrears, Rs. 50 on account of assessed costs and Rs. 50 on account of interest on the amount. It also transpires that on that very date, the tenant deposited Rs. 94 in the Treasury after obtaining orders from the Rent Controller on account of some further arrears as calculated by the tenant. This means that the tenant had deposited a sum of Rs. 608.20 in all, on account of arrears on the first date of hearing. The Rent Controller framed the usual issues. The first Issue was, as to what was the rent fixed by the parties and the second issue was as to whether the tender of arrears of rent is short.

(2.) The finding on the first issue is that the rent agreed was Rs. 3 per month as was being paid to the Rehabilitation Authorities. On the second issue, however, he found that the tender was inadequate and hence he ordered the eviction of the tenant from the premises in dispute.

(3.) The tenant went up in appeal and the Appellate Authority while confirming the finding on issue No. 1 in regard to the agreed rent of Rs. 3 per month, upset the finding on the second issue and held that the tender made by the tenant on the first date of hearing was adequate. The order of the Rent Controller was, therefore, set aside and the ejectment application filed by the petitioner Khazan Chand was dismissed. The present Revision Petition was then filed by Khazan Chand impugning the order of the lower Appellate Authority. During the pendency of the Revision Petition, Khazan Chand died and his Legal Representatives were brought on the record as such.