HOSHIAR SINGH ETC Vs. PUKH RAJ ETC

JUDGEMENT

(1.) An application for ejectment was instituted by respondent Nos. 1 and 2 against the petitioners on 27th August, 1971, under the East Punjab Urban Rent Restriction Act, 1949 , on the grounds of non-payment of rent and subletting. During the pendency of the ejectment petition, the Haryana Urban (Control of Rent and Eviction) Act, 1973, came into force. The Rent Controller passed an order of ejectment on both the grounds. The appeal of the tenants failed before the appellate authority. The tenants came up in revision and obtained an ex parte stay order.

(2.) The respondent-landlords have filed the present application for vacation of the stay order primarily on the ground that the tenants are in arrears of rent at the rate of Rs. 2,400/- per annum, w.e.f. 26th September, 1960 uptodate and by now the arrears are to the extent of Rs. 48,000/-. Notice of this application was given to the counsel for the petitioners who appeared on 26th August, 1980, and prayed for time to file a reply and to find out whether his clients had paid anything since 26th September, 1960. The application for vacation of stay has been heard again today and the petitioners have not filed any repla thsreto. Their counsel stated at the bar that they have not paid anything and that they are not prepared to pay because they are not liable to pay as the relationship of landlord and tenant has been denied.

(3.) After hearing the counsel for the parties, I find that the petitioners must pay the arrears of rent from 26th September, 1960, uptodate if they want the indulgence of the Court for the continuance of the stay order. Whether there is a relationship of landlord and tenant or not would be decided in the main case but in pursuance of the findings recorded by both the Courts below on the basis of Qabuliatnama Exhibit P-4, it is clear that the petitioners are tenants under respondent Nos. 1 and 2 at the rate of Rs. 2,400/- per annum since 26th September, 1960. Therefore, if the petitioners want equitable relief from this Court, they must do equity to the respondents also and if ultimately they succeed, they would be entitled to get the amount back. Accordingly, I direct that the petitioners should pay the arrears of rent from 26th September, 1960, upto 25th September, 1980, i.e., for twenty years, at the rate of Rs. 2,400/- per annum, within a period of one month from today failing which the ex parte stay order would stand automatically vacated.