RAJINDER KUMAR Vs. WAZIR SINGH

JUDGEMENT

(1.) THIS revision petition has been filed by the tenant against the orders passed by the Courts below, whereby the Rent Controller had ordered ejectment of the petitioner tenant from the demised premises and the appeal filed by him was dismissed by the lower Appellate Authority.

(2.) FACTS in brief are that Wazir Singh, landlord filed an ejectment petition against Rajinder Kumar, tenant, under Section 13 of the East Punjab Urban Rent Restriction Act, seeking his ejectment from the demised premises on the ground of non-payment of rent @ 200/- per month w.e.f. 1.10.1982. The petition was contested by the tenant and it was alleged that he had tendered the arrears of rent alongwith interest and cost. On the pleadings of the parties, learned Rent Controllerframed the issued as to whether the tender made on 23.10.1984 is a valid tender. After, hearing both sides, learned Rent Controller found that tender should have been made on 20.10.1984 and that tender made on 23.10.1984 was not a valid tender. Resultantly, order of ejectment was passed. Appeal filed by the tenant was dismissed by the Appellate Authority, upholding the findings of the Rent Controller. Aggrieved against the same, tenant has filed the present revision petition in this court. Revision petition was admitted that dispossession of the tenant was stayed.

(3.) LEARNED counsel for the tenant petitioner submitted before me that tenant could not have made tender on 20.10.1984 and that 20.10.1984 could not be treated as first date of hearing. It has been submitted that tender made on 23.10.1984 was a valid tender.