ASHWANI KUMAR Vs. SUDARSHAN GUPTA

JUDGEMENT

(1.) THIS revision petition is filed by the tenant against the orders passed by the Courts below by which eviction petition filed by the landlord has been allowed.

(2.) IN brief, the landlord filed eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act) on 11.2.2006 seeking ejectment of his tenant on the ground of arrears of rent w.e.f. 13.8.2004 @ Rs.400/ - per month till the filing of the petition. The case set up by the landlord is that the tenant was in possession of the demised premises @ Rs.400/ - per month whereas tenant had alleged that rate of rent was Rs.300/ - per month. The learned Rent Controller vide its order dated 10.4.2007 assessed the provisional rent by passing the following order: "Present: Counsel for the parties. Arguments on the provisional assessment of rent heard. From the pleadings of the file from documents of this Court to originally assessed rent as Rs.300/ - payable by the respondent to the applicant with effect from 13.8.2004 to the date of the filing of the petition. Applicant is also entitle to the statutory rate of interest and the costs are assessed at Rs.400/ - on request, case is now adjourned to 20.4.2007 for payment."

(3.) ON 20.4.2007, the tenant tendered the rent and recorded his statement which reads as under: "As per the order of the Court, I am tendering the rent with e ect from 13.8.2004 to 14.2.2006 at the rate of Rs.300/ - per month. I am also tendering Rs.400/ - by way of cost and Rs.270/ - by way of interest at the rate of 6 per cent. The total sum of Rs.6070/ - which includes Rs.5400/ - towards the arrears of rent."