MADAN LAL SONDHI Vs. JAGGAN NATH PURI

JUDGEMENT

(1.) THIS is a revision petition by the tenant, Madan Lal, against the order made in appeal by Shri Sant Ram Garg, Appellate Authority under the East Punjab Urban Rent Restriction Act, 1949 (Act No. 3 of 1949), hereinafter to be referred to as the Act, whereby the order of the Rent Controller, Rupar, made on the application of the landlord Jagan Nath Puri directing the eviction of the tenant, was confirmed.

(2.) THE revision petition raises an interesting point as to the interpretation of the provisions of Sub -section (1) of Section 8 of the Act. The admitted facts are that the landlord, who is a resident of Ajmbala, owns a house at Rupar, which was being occupied by Madan Lal as a tenant, the contractual monthly rent being Rs. 20. Madan Lal applied to the Rent Controller, Rupar, under Section 4 of the Act for determination of the fair rent of the premises. The Rent Controller by his order dated the 9th June, 1958, fixed the fair rent at Rs. 10 per mensem with effect from the 23rd March, 1957, which was presumably the date of the tenant's application under Section 4. The landlord appealed to the Appellate Authority, Ambala, which by its order dated the 16th August, 1958, dismissed the appeal. The landlord then on the 11th June, 1959, gave an application - -which gave rise to the present petition under Section 13 of the Act asserting that the tenant was for the period from 1st April, 1958, to the 31st May, 1959, in arrears of rent to the extent of Rs. 140 on the basis of rent of Rs. 10 per mensem and was, therefore, liable to eviction. The tenant on the first date of hearing tendered Rs. 100 as arrears of rent together with the costs of application and interest. The counsel for the landlord did not accept the tender on the ground that a sum of Rs. 140 was due from the tenant. The tenant in his written statement had pointed out that on the 22nd March, 1958 (that is, during the pendency of his application for fixation of fair rent) he had deposited a sum of Rs. 60 as rent for the months of December, 1957, January and February 1958, at the rate of Rs. 20 per mensem. Thereafter for the month of March, 1958, a sum of Rs. 20 was remitted on the 1st April, 1958, by money order to the landlord.

(3.) THESE facts are not disputed on behalf of the landlord and as a matter of fact no oral evidence was led by the parties. It is conceded that if the excess payment of Rs. 40 could be legally adjusted under the provisions of Sub -section (1) of Section 8, the tender of Rs. 100 made by the tenant at the first hearing in the petition giving rise to this appeal, covered all the arrears, the interest as well as the costs and complied with the proviso to Clause (i) of Sub -section (2) of Section 13 of the Act, the consequence being that the application for the eviction of the tenant was liable to be dismissed. Accordingly, the only material issue is "whether the Respondent was entitled to adjust Rs. 40 in the rent of the period from 1st April, 1958, to 31st July, 1958".