DINESH SONI Vs. KAMLESH RANI

JUDGEMENT

(1.) The present revision petition has been filed impugning the order dtd. 27/5/2019 passed by the Rent Controller, Ludhiana and order dtd. 12/7/2022 passed by the Appellate Authority, Ludhiana whereby the eviction of the petitioner-tenant has been ordered on account of nonpayment of rent.

(2.) The brief facts relevant to the present lis are that the respondent-landlord filed a petition for ejectment under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Rent Act') seeking eviction of the petitioner-tenant from the premises in dispute bearing no.B-34-9241 (New) and 2246/2 (Old) measuring 20.21 sq. yards on the grounds of non-payment of rent and personal bona fide necessity. The Rent Controller, vide order dtd. 30/8/2018, provisionally assessed the arrears of rent at the rate of Rs.2500.00 per month w.e.f. January 2017 to August 2018 amounting to Rs.50,000.00 along with interest of Rs.3,000.00 and costs of Rs.1000.00 totaling Rs.54,000.00 which was ordered to be paid by the petitioner-tenant to the landlord-respondent. The tenantpetitioner made the tender of this amount on 29/9/2018. However, both the apndarties also filed appeals against the order dtd. 30/8/2018. Vide order dtd. 19/12/2018 the Appellate Authority partly accepted both the appeals ordering inter-alia as under :

(3.) The petitioner-tenant deposited the balance of the arrears of rent (Rs.32,500.00) under a wrong head as a result of which the respondentlandlord was unable to withdraw the same. On 20/3/2019 the respondentlandlord filed an application for passing an ejectment order against the petitioner-tenant for having failed to deposit the arrears of rent as ordered by the Appellate Authority on 19/12/2018. Vide order dtd. 29/4/2019 the Rent Controller directed the District Treasury Officer, Ludhiana that the amount of Rs.32,500.00 be released to the petitioner-tenant and the petitionertenant was also directed that he shall make the payment of the rent amount of Rs.32,500.00 to the respondent-landlord on or before 27/5/2019 in the Court itself.