GURDEEP SINGH Vs. KUL BHUSHAN

JUDGEMENT

(1.) BANTA Singh was the tenant of the premises in dispute. During the pendency of the appeal before the appellate authority, he died. His legal heirs Gurdeep Singh and others were brought on the record. They have filed the present revision against order of the appellate authority date June 15, 1984 dismissing the appeal of the tenant filed against the order of the Rent Controller dated February 22, 1991 whereby ejectment of the tenant was ordered on the ground of non-payment of arrears of rent.

(2.) KUL Bhushan Gupta, landlord, claimed arrears of rent for the period from December 1, 1979 to December 31, 1981 at the rate of Rs. 83/- per month alongwith House Tax at the rate of 10 per cent. The application was filed on January 10, 1982. The tenant took up the plea that he was not in arrears of rent as the same had been deposited with the Rent Controller, after taking permission. Liability to pay house tax was also disputed. In the replication, the landlord specifically stated that notice under Section 8 of the Haryana Urban Control of Rent and Eviction Act was served on the tenant claiming the House Tax and, therefore, the house tax was also liable to be paid by the tenant. The following issues were framed by the Rent Controller:-

(3.) LEARNED counsel for the petitioner has further referred to judgment of the appellate authority passed in the previous case where the appellate authority did not order ejectment of the tenant for non-deposit of arrears of rent for the prior period. The contention is that plea of house tax was not raised therein. Again this contention cannot be accepted. Copy of the judgment was taken on the record. It shows that arrears of rent were claimed for the period December, 1, 1979 to December 31, 1981. Obviously at that time there was no case of increase in the rent by claiming house tax. Exhibit P.3 Notice was issued on March 12, 1979 claiming the house tax. The said judgment relating to the earlier period is not helpful in deciding the case.