DWARKA DASS Vs. SANT RAM

JUDGEMENT

(1.) THE challenge here is to the impugned order of the appellate authority directing eviction of the petitioner-Dwarka Dass on the ground of non payment of arrears of rent.

(2.) ON June 7, 1982, the landlord Sant Ratn filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 seeking ejectment of the petitioner-Dwarka Dass on the ground of non-payment of arrears of rent the tenant being said to be in arrears of rent from November 14, 1972 to May 13, 1982. During the hearing it was found that in previous proceedings between the parties, the tenant had paid rear till July 14, 1977. The claim for arrears of rent that thus survived was for the period July 15, 3977 to July 13, 1989.

(3.) IT was the case of the tenant that all the arrears of rent had been deposited by him under Section 31 of the Relief of Indepentedncss Act, 1984 (hereinafter referred to as 'the Act') In support of this plea, the petitioner brought on record exhibit R/1. the challan form showing deposit of Rs. 590-40 paise as arrears of rent for the period July 15. . . 1977 to. July 13, 1980 after adjusting asum of Rs. . . 129,60 paise towards water charges. , this deposit was made on February 25, 1980. Later, on March 27,1982, another sum of Rs. 220,80 paise was deposited towards the arrears or rent from July 14, 1980 to July 13, 1982. Here again, after adjusting Rs. 259. 20 paise towards water charges The controversy that now arises, in revision, is with regard to the validity of the tender of these two amounts. It may be mentioned here that no amount was tendered as rent on the first date of hearing.