OM PARKASH Vs. MATU RAM TRUST

JUDGEMENT

(1.) RAM Parkash petitioner was a tenant in a shop under Shri Matu Ram Trust. On an application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act), the eviction of the tenant was ordered by the Rent Controller on the ground that, the tender of arrears of rent was short. The said order of May 30, 1991, was challenged by the tenant in appeal which was dismissed by the Appellate authority, Jind on March 5, 1992. The said judgment of the Appellate Authority has been challenged in this revision petition.

(2.) IN order to find out as to whether the findings of the lower courts to the effect that the tender was short, it is expedient to consider the following facts :

(3.) IN view of the above facts, it is evident that tender of arrears of rent at the rate of Rs. 50/- per month was certainly short as the order of the Appellate Authority fixing the fair rent at the rate of Rs. 145/- per month was in force on that date. After dismissal of his appeal, the tenant had deposited Rs. 225/- towards arrears of rent at the rate of Rs. 145/- less rent at the rate of Rs. 50/per month already tendered before the Rent Controller. But it would not make the tender legal-Besides, what has been stated above, it is admitted on both ends that the revision petition of the landlord and the cross- objections of the tenant against the order of the Appellate Authority fixing fair rent have been dismissed by this Court on 22nd of January, 1992.