PREM SINGH Vs. JOGINDER KAUR

JUDGEMENT

(1.) This revision petition is directed against the orders of both the Courts below by which the present petitioner has been ordered to vacate the demised premises (shop) which forms part of property No. 4-G, Municipal No. B-XX.4010, Sarabha Nagar, Ludhiana.

(2.) The landlord sought the eviction of the tenant on the ground of arrears of rent @ Rs. 900/- per month besides house tax w.e.f. 01.09.1997. The Rent Controller, vide order dated 27.04.2004, assessed the provisional rent which was ordered to be paid on 22.05.2004. The order dated 27.04.2004 was challenged by the tenant by way of CR-2490-2004 in which interim order was passed on 14.05.2004 giving liberty to the tenant to tender the rent w.e.f. March, 2001 upto 30th April, 2003 @ Rs. 900/- per month. The tenant accordingly tendered the rent of that period amounting to Rs. 29,070/-. During the pendency of CR-2490- 2004, the landlord filed an application on 27.07.2004 for passing the order of eviction against the tenant for non-compliance of the order of provisional assessment of rent. However, the CR-2490-2004 was dismissed by this Court on 15.09.2004 and order of stay dated 14.05.2004 was vacated. The tenant also moved an application before the learned Rent Controller for quantifying the amount of rent as according to him the order dated 27.04.2004 did not indicate the exact amount. The said application was not accepted by the learned Rent Controller vide its order dated 04.03.2005 on the ground that the rent has already been assessed. The said order was not challenged by way of revision, however, it is submitted by learned counsel for the tenant that it has been challenged in appeal before the learned Appellate Authority. Thereafter, an application was moved on 20.04.2005 for depositing an amount of Rs. 51,000/- as the rent from 01.09.1997 to 28.02.2001 @ Rs. 900/- per month including house tax of Rs. 5,670/- and interest of Rs. 7,340/-. On 21.04.2005, the amount of Rs. 51,000/- was deposited by the tenant in the government treasury.

(3.) The tenant then filed an application on 15.03.2006 alleging therein that he is suo moto ready to deposit part of the amount which was initially stayed by this Court by making his own assessment, without seeking indulgence of the Rent Controller.