GANPAT Vs. MANGTU RAM

JUDGEMENT

(1.) RESPONDENT Mangtu Ram, landlord, filed an application for eviction of petitioners from demised premises on the ground of non-payment of rent, sub-letting and change of user. On notice of that application, petitioner Ganpat appeared before the Rent Controller on January 19, 1981, on which date, service qua other respondents was not complete and the matter was adjourned to February 28, 1981, for their appearance.

(2.) ON perusal of record, it is apparent that on February 28, 1981, March 25, 1981 and April 23, 1981, Presiding Officer (Rent Controller) was on leave and the case was then fixed for June 15, 1981. On that date, Petitioner No. 1 tendered rent but the same was not accepted and case was adjourned to August 24, 1981, regarding service of remaining respondents before Rent Controller. During trial, issue No. 1 was framed to the following effect :-

(3.) MAIN contention of Shri Sanjay Mittal, Advocate, appearing on behalf of the petitioner, is that on January 19, 1981, i.e., first date after notice, petitioner No. 1 only put up his appearance before the Rent Controller and since qua others, service was not complete, it cannot be considered as first date of hearing. As such, he was not under an obligation to tender rent within fifteen days thereafter.