SIRI RAM MEHTA Vs. HARBANS LAL KHOSLA

JUDGEMENT

(1.) HARBANS Lal landlord filed an application under Section 13 of the East Punjab Urban Rent Restriction Act on August 22. 1985 for the eviction of his tenant Siri Ram Mehta from a house situated in Gandhi Nagar, Pathankot (hereinafter referred to as the demise premises), on the ground of non payment of arrears of rent and house tax. On the Ist date of hearing the tenant tendered arrears of rent as claimed by the landlord alongwith interest and cost as allowed by the Rent Controller. But, he tendered no amount on account of house tax.

(2.) IN reply to para No. 2 (b) of the petition, the tenant vide his written reply filed on 1-10-1985 took the following stand : (b) "in reply to sub para (b) of the application, it is submitted that the applicant is not entitled to receive any lease tax from the respondent. The applicant has not given any valid notice to the respondent for claiming the house tax in accordance with law nor he has stated as to for what period he is demanding Rs. 60/-as such the applicant is not entitled to the amount claimed as house tax. " The parties fought the litigation on the following issues : " (i) Whether respondent is liable to be ejected from the demised premises on the ground of non payment of house tax. " the Rent Controller vide his order dated July 27, 1987 returned finding on the above issues in favour of the applicant and ordered ejectment of the tenant from the demised premises. Feeling aggrieved, the tenant preferred Rent Appeal No. 17 of 1987 which was dismissed by Mr. A. S. Sodhi, Appellate Authority, Gurdaspur vide his judgment of May 19, 1983. The tenant feeling aggrieved from the said judgment has challenged the same before this Court in the Revision Petition.

(3.) SHRI Bedi, learned counsel for the petitioner has vehemently argued; firstly, that the operation of Section 9 (1) of the Act is not automatic and the landlord would be entitled to claim arrears of house tax only if he had served notice on the tenant claiming it Secondly, he has submitted that the pleading with to the payment of house tax contained in the application under Section 13 of the Act was vague.