RAJINDER SINGH Vs. CHHOTU RAM KISAN COLLEGE, JIND

JUDGEMENT

(1.) The present revision petition has been filed against the orders of ejectment dtd. 24/8/2021 and 6/5/2022 passed by the Rent Controller, Jind and the Appellate Authority, Jind, respectively.

(2.) Brief facts relevant to the present lis are that the landlordrespondent filed an ejectment petition under Sec. 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the 'Haryana Rent Act') for ejectment of the tenant-petitioner from Shop Nos.4 and 5 of Chhotu Ram Kisan College, Jind situated at Railway Road, Jind, described fully in the ejectment petition. The Rent Controller, Jind vide order dtd. 9/8/2021 had assessed the provisional rent along with interest and costs as Rs.92788.65 paise and the tenant-petitioner was given 15 days' time for tendering the same and the matter was adjourned to 24/8/2021. The tenant-petitioner failed to deposit the provisional rent and in view of the law laid down by the Hon'ble Supreme Court in the case of Rakesh Wadhawan Vs. M/s Jagdamba Industrial Corporation [2002(5) SCC 440], vide order dtd. 24/8/2021 ejectment of the tenant-petitioner was ordered and the tenant-petitioner was directed to vacate the premises within two months. Aggrieved by the said order, the tenant-petitioner preferred an appeal before the Appellate Authority and during the pendency of the appeal the landlord-respondent filed an application for directions to the tenantpetitioner to pay mesne profits @ Rs.8600.00 per month for use and occupation of the premises w.e.f. 25/8/2021 till delivery of the possession. The landlord-respondent took a stand that the provisional rent as assessed by the Rent Controller, Jind had not been paid nor the vacant possession of the premises was handed over to the landlord-respondent. The appeal filed by the tenant-petitioner was dismissed vide order dtd. 6/5/2022.

(3.) It has been argued by learned counsel for the tenant-petitioner that he was never informed of the order dtd. 9/8/2021 assessing the provisional rent. Learned counsel for the tenant-petitioner has further contended that the tenant-petitioner is ready to deposit the entire arrears of rent and that the same could not be deposited due to the prevailing circumstances created because of Covid-19 Pandemic.