PRITAM PAL Vs. SMT. LACHHMI BAI

JUDGEMENT

(1.) The present revision petition is directed against the order of the Appellate Authority under the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the 'Act') dismissing the appeal filed by the tenant against the order of eviction made by the Rent Controller. The facts of the case relevant to the disposal of the petition are stated hereunder:

(2.) A petition under section 13 of the Act was instituted by the landlady Smt. Lachhmi Bai for eviction of the tenant from the demised premises on the ground that the tenant had failed to pay the arrears of rent with effect from 1st February, 1985 fill the end of November, 1986, amounting to Rs. 6600/- plus house-tax at the rate of 10 per cent of the rent. It was also alleged in the petition that the landlady had claimed rent up to 31st January, 1985, in an earlier petition between the parties and in the present petition that rent was being claimed with effect from lst February, 1985. The tenant put in appearance and filed a written statement controverting the allegations made by the landlady and pleaded, inter alia, that the rent up to February 1985 had already been paid in the earlier petition and the arrears of rent up to November 1986 were tendered in Court. From the pleadings of the parties, the Rent Controller framed the following issues :

(3.) Whether the petitioner has got no cause of action to file the present petition OPR