PREM LATA Vs. RAMESH KUMER DEORA

JUDGEMENT

(1.) The tenants are before this court with a grievance that while deciding the appeal filed by them against the order passed by the Rent Controller while upholding the rate of rent, time has not been granted to deposit the same by the learned Appellate Authority, Faridkot. It is a case in which the respondent filed an eviction petition against the petitioners on various grounds. He claimed the rate of rent of the shop in question to be Rs. 2,000/- per month, whereas the petitioners claimed the same to be Rs. 650/- per month. At the time of assessment of provisional rent, the Rent Controller directed for payment of Rs. 650/- per month as the rent. However, finally vide order dated 27.11.2010, the rent was determined @ Rs. 2,000/- per month. The petitioners were granted two months' time to clear the arrears. Aggrieved against the same, the petitioners preferred appeal before the Appellate Authority, who dismissed the same vide order dated 17.10.2013.

(2.) The grievance of the petitioners is that while dismissing the appeal filed by the petitioners, the Appellate Authority should have granted time to make the deficiency good, as vide interim order, the petitioners were directed to deposit the rent @ Rs. 1,500/- per month.

(3.) Learned counsel for the petitioners submitted that in terms of the judgment of Hon'ble the Supreme Court in Rakesh Wadhawan v. M/s. Jagdamba Industrial Corporation, 2002 131 PunLR 370 once the court had declined to accept the submission made by the tenant regarding rate of rent, though he had complied with the interim order regarding payment thereof, time was required to be given for tendering the balance amount of rent. In the present case, the Rent Controller, vide order dated 27.11.2010, held the rate of rent to be Rs. 2,000/- per month. Against the aforesaid order, the petitioners filed appeal. The Appellate Authority, vide order dated 23.2.2011, directed the petitioners to tender the rent @ Rs. 1,500/- per month. The same was paid regularly. The appeal filed by the petitioners was dismissed on 17.10.2013, however, at that time the Appellate Authority failed to grant time to the petitioners to tender the deficit amount of rent. In terms of the judgment of Hon'ble the Supreme Court in Rakesh Wadhawan's case , time was required to be granted, as the petitioners are ready and willing to tender the balance amount of rent.