SHIV KUMAR Vs. RAJA RAM

JUDGEMENT

(1.) THIS revision petition is against the order of the appellate authority dated 13.11.1991 affirming the order of the Rent Controller dated 1.8.1990 whereby the respondent was held to be entitled to recover a sum of Rs. 1200/- as house tax and Rs. 343/- as interest from the petitioner to get the same adjusted in the rent payable by him to the landlord.

(2.) BRIEFLY put, the petitioners filed a petition for eviction of Raja Ram tenant from the shop detailed in the heading of the petition on the ground that he is in arrears of rent since 1.10.1983 and is also liable to pay house tax from 1.10.1982 upto date; that he is continuous source of nuisance to the neighbours. The respondent put in appearance and tendered the arrears of rent as assessed and the house tax but reserved his right to recover the house tax since the same was not payable by him.

(3.) IN the course of proceedings, one of the petitioners, namely, Shiv Kumar made a statement to the effect that he did not want to prosecute the petition and so prayed that the same may be dismissed. However, the respondent had reserved his right to recover the amount of house tax, the petition was kept pending and the matter was examined by the Rent Controller. The Rent Controller on the basis of evidence led on record came to the conclusion that no written notice under registered cover had been sent by the landlords and in the absence of such demand, the landlords are not entitled to recover the house tax. Accordingly, the Rent Controller held that the respondent-tenant is entitled to recover a sum of Rs. 1200/- as house tax and Rs. 340/- as interest from the petitioners or get the same adjusted in the rent payable by him.