PARMINDER SINGH Vs. SURINDERJIT SINGH

JUDGEMENT

(1.) THE respondents obtained an ex parte ejectment order against the petitioner, who is their tenant. When he came to know of the ex-parte ejectment order, he moved an application for setting aside of the same, on which the Rent Controller ordered that the tenant should pay the arrears of rent within one month from the order dated 29th October, 1988 and the case was adjourned to 1st December, 1988, when the case was taken up on 1st December, 1988, the judgment-debtor stated that he was not told as to from which date the rent was due and the moment he came to know of the same, the arrears would be paid. The decree-holder pointed out that the arrears ware due since 1-7-1981 at the rate of Rs. 100/- per month and the Rent Controller gave final opportunity to deposit the arrears of rent, and in compliance thereof, the tenant deposited the rent on 15th December, 1988. Not only this, he also paid some house tax and interest, although there was no order for payment of the house tax and interest.

(2.) LATER on the tenant came to know that probably more house tax was payable and he applied to the trial Court for direction to pay the same. That application was dismissed vide order dated 10th April, 1989 and this is tenant's revision against the said order.

(3.) THE tenant having paid the entire arrears as per the orders of the trial Court, for his failure to pay complete arrears of house tax, interim order granting stay could not be vacated. In fact it was the tenant, the who himself came forward to say that probably some more tax was payable. Instead of granting time, the Court below ordered the execution of the ejectment order. This was beyond the interest of justice.