LAWS(P&H)-2003-3-68

DHANI RAM Vs. MADAN LAL

Decided On March 05, 2003
DHANI RAM Appellant
V/S
MADAN LAL Respondents

JUDGEMENT

(1.) THIS petition filed by Dhani Ram and another, the landlord- petitioners under sub-section (5) of Section 15 of the East Punjab Urban Rent Restriction Act, 1949 (for brevity 'the Act') challenges order dated 17.1.1981 passed by the learned Appellate Authority, Jalandhar, dismissing their appeal landlord-petitioner against the order dated 31.7.1980. The Rent Controller in his order dated 31.7.1980 had dismissed the ejectment petition of the landlord-petitioners by holding that the rent tendered was valid and in view of the facts that earlier ejectment petition filed by the landlord-petitioners was in respect of the same period, the landlord-petitioners were estopped from filing the ejectment petition. The rate of rent held by both the Courts is Rs. 450/- and not Rs. 500/- as claimed by the landlord-petitioners.

(2.) THE landlord-petitioners earlier filed ejectment petition registered as EA No. 44 of 1975 on 1.11.1975 claiming that the tenant-respondents were in arrears of rent from 13.4.1950 to 12.10.1975. A claim was made that total rent of Rs. 12,750/- was due to the landlord-petitioners and only Rs. 1000/- stood paid to them. Therefore, the total arrears claimed was Rs. 11,750/-. On 30.11.1975, the tenant-respondents deposited an amount of Rs. 1430/- representing Rs. 1285/- as rent, Rs. 120/- as interest and Rs. 25/- as costs. This is evident from order dated 26.11.1975 Ex.P-8. It is also pertinent to mention that the landlord-petitioners accepted the tender under protest. Thereafter on 22.5.1976, the ejectment petition was withdrawn on the statement by Sh. Muni Lal, Advocate who had appeared for the landlord-petitioners.

(3.) ON the first date of hearing, arrears of rent representing the period from 13.12.1975 to 12.8.1978 alongwith interest and costs assessed by the Rent Controller were tendered, which was accepted by the landlord-petitioners under protest. At a later stage, the firm Madan Gujjar Mal was impleaded as respondent and the firm also tendered rent, interest and costs, which was accepted too under protest by the landlord-petitioners. The following issues were framed :-