GAUTAM PARKASH Vs. NARESH KUMAR

JUDGEMENT

(1.) THE respondent-landlord had sought eviction of the petitioner on the ground that he was in arrears of rent. The landlord was claiming rent at the rate of Rs. 150/- per month whereas the case of the tenant was that the agreed rate of rent was Rs. 20/- per month. The Rent Controller accepted the contention of the tenant that the agreed rate of rent was Rs. 20/- per month and, accordingly, held that he was not in arrears of rent. Consequently, the eviction application was dismissed.

(2.) THE landlord filed an appeal before the lower Appellate Court which came to the conclusion that the agreed rent was Rs. 150/- per month and since the tenant had paid rent at the rate of Rs. 20/- per month, he was in arrears of rent and was liable to be evicted on that ground. It is against the said order of the lower Appellate Court that the present revision petition is directed.

(3.) LEARNED counsel for the petitioner gives up his challenge to the rate of rent as determined by the lower Appellate Court. He, however, states that the tenant could not be ordered to be evicted in view of the law laid down by the Supreme Court in Rakesh Wadhawan v. Jagdamba Industrial Corporation and others, 2002(1) RCR(Rent) 514 (SC) : (2002-2) PLR 370 (S.C.), wherein it has been held that the Rent Controller has to pass an interim order tentatively determining the amount due to the tenant and afford him an opportunity to deposit the same before he could be ordered to be evicted on the ground of non-payment of rent.