MAKHAN LAL Vs. ANAND PARKASH

JUDGEMENT

(1.) This is a revision application from the appellate order, dated October 8, 1960 of the Appellate authority ordering eviction of the tenant, who is the applicant here, in an application by the landlord, the respondent, under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act No. III of 1949), on the ground of arrears of rent and the tenant not having paid or tendered the rent due on the first hearing of the landlord's application.

(2.) The landlord in his application claimed arrears of Rent at Rs. 600/- per annum for the period April 1, 1954 to July 7, 1959. The first date of hearing was August 5, 1959. On that date the tenant tendered rent at the rate of Rs. 300/- per annum for the period amounting to Rs. 925/- plus Rs. 99/2/- as interest and Rs. 22/- as costs of the application, in all Rs. 1,046/2/-. He contested the averment of the landlord that the rent was Rs. 600/- per annum. The Rent Controller made an enquiry in this respect and came to the conclusion on the admission of the tenant in his reply Exhibit P.F. to the notice given by the landlord that the rent had been increased from Rs. 300/- to Rs. 600/- per annum from December 3, 1956, that the rent from the date stated had been increased to Rs. 600/-. This was on May 24, 1960. He then allowed the tenant to make up the difference by the next day, and the tenant in fact did make up the difference within the time allowed. So the Rent controller was of the opinion that in these circumstances there had been compliance with proviso to Section 13(2)(i) of the Act. He disallowed this ground urged by the landlord and dismissed his eviction application. On appeal the learned appellate Authority comes to the conclusion as the Rent Controller that the increase of the rent from Rs. 300/- to Rs. 600/- per annum took place from December 3, 1966, and the tenant not having paid or tendered the whole of the arrears of rent due to the date of first hearing, he comes to the conclusion that the tenant was not entitled to the protection of provision to Section 13(2)(1) of the Act. The appeal of the landlord was accepted and eviction of the tenant was ordered. It is against this appellate order of the Appellate Authority that this revision application by the tenant is directed.

(3.) At this stage it is common ground between the parties that initially the contractual rate of rent agreed upon between the parties for the premises was Rs. 300/- per annum. The concurrent finding of the authorities below is that this figure was increased to Rs. 600/- from December, 1956, and this is not open to question because there is the tenant's own admission of this in his reply Exhibit P.F. to the landlords notice. It is true that taking this increase into consideration from December 3, 1956, the tenant did not tender on the first date of hearing the arrears calculating the same at the rate of Rs. 300/- per annum.