JAI CHAND Vs. DAULAT RAM

JUDGEMENT

(1.) DAULAT Ram, respondent-landlord filed an application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as "the Act") seeking the eviction of petitioner Jai Chand alleging inter alia non-payment of rent. It was the case of the respondent-landlord that rent was payable at the rate of Rs. 170/- per month and that the petitioner-tenant had not paid rent from 1.4.1977 onwards till the filing of the ejectment application. The Rent Controller accepted the plea of the respondent-landlord. By an order dated 10.12.1981 the Rent Controller required the petitioner-tenant to vacate the premises within one month.

(2.) DIS -satisfied with the order passed by the Rent Controller dated 10.12.1981, the petitioner-tenant preferred an appeal before the Appellate Authority, Sonepat. The Appellate Authority in its decision dated 26.8.1983 concurred with the finding recorded by the Rent Controller. It is in this situation that the petitioner-tenant has approached this Court through the instant petition wherein he has impugned the orders passed by the Courts below.

(3.) IT is the case of the learned counsel for the petitioner that the Rent Controller did not quantify by way of an interim or provisional order the amount which the petitioner tenant was required to pay on account of arrears of rent interest thereon as well as costs. In so far as the aforesaid assertion is concerned, learned counsel for the respondent-landlord very fairly conceded that the Rent Controller did not make any assessment in satisfaction of the requirement of the proviso to Section 13(2)(i) of the Act. In view of the above, the learned counsel for the petitioner vehemently contends that the petitioner could not have been ordered to be evicted from the premises on the ground of non-payment of rent.