PIARE MOHAN Vs. MADAN LAL

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Rent Controller dated February 17, 1990, whereby leave to contest the petition under Section 13-A of the East Punjab Urban Rent Restriction Act, (hereinafter called the Act), was granted.

(2.) THE landlord Piare Mohan retired on June 30, 1989, and on that basis, he filed an ejectment application under Section 13-A of the Act, claiming himself to be a specified landlord. In addition, he also took up the plea in the ejectment application of non-payment of the arrears of rent. In the reply filed on behalf of the tenant, it was pleaded that it was a joint petition under Sections 13-A and 13 of the Act, hence was not maintainable. According to the tenant, such an application should be dismissed. The learned Rent Controller found that the petition was a composite petition. Otherwise also, both the grounds taken up by the landlord even found to be plausible and as such the leave to contest was granted.

(3.) LATER on, application dated December 4, 1989, was filed to withdraw the allegation of non-payment of the arreas of rent. The same was not allowed by the Kent Controller on the ground that since the arrears of rent bad been tendered by the tenant, the landlord could not withdraw the ground of non-payment of arrears of rent. According to the learned counsel, the view taken by the Rent Controller was wrong and illegal. In support of the contention, the learned counsel cited Sarup Chand Jindal v. Kali Charan Wadhwa, (1989-1) 95 P. L. R. 297.