UNION OF INDIA Vs. JAGWANT SINGH

JUDGEMENT

(1.) THE tenant-petitioners have filed this revision petition against the order of the Appellate Authority, Bhatinda, dated March 6, 1980 whereby the order of the Rent Controller, Bhatinda, dated January 6, 1979, directing the ejectment of the tenant-petitioner was maintained.

(2.) JAGWANT Singh, landlord-respondent, rented out the premises, in dispute, to the Union of India, the tenant-petitioner, through its Divisional Engineer, Telegraphs, Ferozepore, on March 25, 1970 at the rate of Rs. 150/- per month. The ejectment of the petitioners was sought inter aliea on the ground of non payment of rent since Oct, 1977. The application for ejectment was filed on May 11, 1978. In the written statement filed on behalf of the petitioners, it was pleaded that they made valid tender through money orders, but the landlord refused to accept the same without any reason. Consequently, no tender or payment was made on the first date of hearing which was June 13, 1978. On that date, the learned Rent Controller assessed Rs. 25 as costs of the application. Shri H. S. Sidhu, Government Pleader, then made a statement that the arrears of rent, as claimed, had already been tendered to the landlord. However, he tendered Rs. 25 as costs of the application. On the pleadings of the parties, the Rent Controller framed the following issues:-

(3.) WHETHER the application is bad due to non-joinder of necessary parties?