DHANNA SINGH Vs. TEJA SINGH

JUDGEMENT

(1.) THE present petition by the tenant is against the order of ejectment passed by the Courts below on the ground that the tenant was in arrears of rent.

(2.) AS per the landlord, the tenant was inducted for a period of 11 months about 10 years back at the rate of Rs. 80/-. Subsequently, the rent was enhanced to Rs. 90/- and then to Rs. 250/- in May, 1980 because certain additions were made in the shop-in-dispute. Since the tenant did not paid arrears of rent at the rate of Rs. 250/- from 1980, therefore, the petition was filed to seek ejectment of the tenant on the ground that he is in arrears of rent from 1980 along with house tax since 1980-81. The tenant tendered rent of Rs. 9360/- including interest of Rs. 1950/-, house tax of Rs. 1350/- and costs amounting to Rs. 100/- on 21.12.1988. Initially, the tenant was proceeded ex-parte. Such ex-parte proceedings were set aside on 19.12.1988. The issues in the case were framed after tenant filed written statement on 15.12.1989. It was also stated that the shop was rented out at the rate of Rs. 90/- and not at the rate of Rs. 250/- per month. The learned Rent Controller held that the rate of rent is Rs. 90/- per month on account of the failure of the landlord to bring any documentary evidence on file to show that the rent was enhanced to Rs. 250/- per month. However, it further held that the landlord has not accepted the tender made on 21.12.1980 and as the first date of hearing was 19.12.1988 when the ex-parte proceedings initiated against him were set aside. Consequently, the order of ejectment was passed. Since the arrears of rent were not tendered on the first date of hearing, tenant's appeal against the said judgment was also dismissed by the appellate authority.

(3.) COUNSEL for the petitioner has relied upon Sham Lal v. Atma Nand Jain Sabha (Regd.), 1987(1) RCR (Rent) 181 (SC) : AIR 1987 Supreme Court 197 in support of the arguments that the first date of hearing is one when the Court applied its mind at the stage of framing of the issues after pleadings are completed. He further relied upon Rakesh Wadhawan and others v. Jagdamba Industrial Corporation and others, 2002(1) RCR (Rent) 514 : (2000) 5 Supreme Court Cases 440 to contend that in any case, the tenant was entitled to other opportunity to make the payment of arrears of rent, costs and interest after such arrears are finally determined by the Rent Controller.