DEEP CHAND Vs. DEVINDER PARSHAD

JUDGEMENT

(1.) THIS order shall dispose of Civil Miscellaneous No. 22381-CII of 2002 as well as Civil Revision No. 62 of 1984.

(2.) DEEP Chand tenant (now deceased), filed the instant revision petition against the orders of ejectment passed against him by the Rent Controller, Hisar as well as the Appellate Authority, Hisar on the ground of non-payment of rent.

(3.) DURING the pendency of the aforesaid appeal before the Appellate Authority, the respondent-landlord filed a fresh application for ejectment of the tenant under Section 13 of the Haryana Urban (Control of Rent and Eviction) Haryana Act, 1973 (hereinafter referred to as 'the Rent Act') on 11.4.1981 only on the ground of non-payment of arrears of rent from 1.5.1980 till the date of filing of the application (which is the application in question now). Pursuant to the notice issued to the petitioner in the said ejectment application, the petitioner-tenant appeared on 14.8.1981 and the case was adjourned to 28.8.1981 for tendering the rent etc. On that date, the petitioner made the statement that he had already paid the rent for the relevant period i.e. from 1.5.1980 to 30.4.1981, therefore, no arrears of rent was due towards him and thus, he did not want to tender any rent. Thereafter, on 29.9.1981, the petitioner filed written statement, in which he had specifically stated that he had already paid the arrears of rent claimed by the respondent under the order of the Appellate Authority, therefore, the ejectment application is liable to be dismissed. In replication, the respondent-landlord did not dispute the aforesaid fact. However, it was pleaded as under :