KARAM CHAND AND ANOTHER Vs. GIANI JANAK SINGH

JUDGEMENT

(1.) The petitioners are the alleged landlords of the shop in dispute situate at Bara Chowk, Sangrur, which had been let out to the respondents on a monthly rent of Rs. 15/- prior to 1964. The Municipal Committee, Sangrur, served a notice upon the petitioner to pay house tax from 1964-65 to 1971-72 in the sum of Rs. 331.58 to which this shop was assessed. On July 11, 1973, the petitioner issued notice Ex. P.6. to the respondent to meet this liability. This was not done and the petitioner issued another notice Ex. D1. to the same effect on July 26, 1973. Again the respondent tenant did not pay the amount of house-tax. The petitioners then filed a petition for ejectment against the respondent on September 1, 1973, claiming the amount of house tax as arrears of rent. The respondent appeared before the learned Rent Controller on September 26, 1973, which was the first date of hearing in that case and tendered the arrears of rent (house-tax) as demanded, interest thereupon and costs etc. This having been done, the application for ejectment filed by the petitioner was dismissed as infructuous.

(2.) On February 15, 1974, the respondent filed a civil suit for recovery of Rs. 451 58 against the petitioners on the ground that the respondent was liable to pay house-tax with effect from the date on which the notice in this behalf had been served by the petitioners on him. This suit was dismissed by the learned trial Court but on appeal a decree in the aforementioned amount was passed against the petitioners.

(3.) The petitioners have come up in revision before me mainly on the ground that the liability for arrears of rent having accrued under a statute which the respondent was liable to meet under Section 9 of the East Punjab Urban Rent R estriction Act, 1946 (hereinafter) called the Act), the learned lower appellate court was wrong in reversing the decree passed by the learned trial Court.