PISHORI LAL Vs. SHANTI RANI

JUDGEMENT

(1.) THIS order of mine will dispose of Civil Revision No. 3805 of 1991 filed by the tenant against the order of the Authorities below ordering his ejectment on the ground of non-payment of rent. Civil Revision No. 113 of 1992 has been filed by the landlady against the findings of the authorities below with, regard to rate of rent.

(2.) LANDLADY-SHANTI Rani sought ejectment of the tenant on the around of non-payment of rent. In the ejectment petition, which was filed on 9 8 1985, the landlady claimed that the premises were let out to the tenant w. e. f. 1. 1. 1979 at the rate of Rs. 450/- per month, and w. e. f. 1st of January, 1983, the rent was increased to Rs. 525/- per month; that after adjusting all the rent received upto date, the tenant is in arrears of rent with effect from 1. 8. 1983 onwards.

(3.) THE claim of the landlady was denied by the tenant, who stated that the rent was not increased to Rs. 525/- per month w. e. f. 1. 3. 1983; rather the same was increased from 1. 1. 1984. On the first date of hearing the tenant through his counsel Shri. N. K. Nanda, Advocate, tendered a sum of Rs. 1,254/- as arrears of rent w. e. f. 1. 5. 1985 to 31. 7. 1985 at the rate of Rs. 525/- per month. The balance rent of Rs. 321/- was stated to have already been paid. The sum of Rs. 1,350/- and Rs. 40/- were tendered as interest and costs respectively, in addition to a sum of Rs. 1254/-, meaning thereby that in all, an amount of Rs. 2,644/- was tendered by the tenant on the first date of hearing. Both the Authorities below accepted the plea of the tenant that the rent was increased w. e. f. 1. 1. 1984, but passed an order of ejectment against the tenant after finding that the amount tendered by the tenant on the first date of hearing was short. This order of the Authorities below has been impugned by the tenant in Civil Revision No. 3805 of 1991. On the other hand, the landlady by filing Civil Revision No. 113 of 1992 has impugned the orders of the Authorities below holding that the rent was increased from 1. 1. 1984.