MOHAN LAL Vs. JAGAN NATH

JUDGEMENT

(1.) RESPONDENT -landlord Jagan Nath filed an ejectment application against the petitioner-tenant Mohan Lal claiming the eviction of the petitioner-tenant on account of non-payment of rent. In this behalf, the claim of the respondent-landlord was that the petitioner-tenant had not paid rent for the period from 1.4.1978 to 31.5.1981. It was the case of the respondent-landlord that rent was payable the rate of Rs. 125/- per month. The Rent Controller arrived at the conclusion that the rate of rent was Rs. 60/- per month inclusive of house-tax etc. but accepted the claim of the respondent-landlord and ordered the eviction of the petitioner-tenant on 29.8.1983 after arriving at the conclusion that the petitioner-tenant had not paid rent for the period referred to in the ejectment application.

(2.) DISSATISFIED with the order passed by the Rent Controller, the petitioner-tenant preferred an appeal before the Appellate Authority, Karnal. The Appellate Authority by its order dated 27.9.1984 dismissed the appeal preferred by the petitioner-tenant. Aggrieved with the orders passed by the Rent Controller as well as the Appellate Authority, the petitioner-tenant has approached this Court by filing the instant petition.

(3.) ON the basis of the aforesaid conclusions drawn by the Apex Court, learned counsel for the petitioner has vehemently contended that the Rent Controller did not discharge his obligation in passing a provisional order envisaged under the provisions of Section 13(2)(i) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act'); determining the arrears of rent, the interest payable thereon, as well as the costs, which the petitioner-tenant was liable to pay. The aforesaid factual position has not been disputed by the learned counsel for the respondent. In view of the above, the orders passed by the Rent Controller as well as by the Appellate Authority are liable to be set aside. The same are accordingly set aside.