DHRINDER PAL GUPTA Vs. JIYA LAL

JUDGEMENT

(1.) As per the averments made, the petitioner-landlord sought ejectment of the respondent-tenant from the demised premises on the ground of his being in arrears of rent since 1.7.2007 and non-payment of house tax.

(2.) The respondent-tenant admitted the relationship of landlord and tenant between the parties but disputed the rate of rent and also denied execution of any rent note as well as increase in the rent. It was alleged that the rate of rent of the demised shop was Rs.800/- per month. It may further be noticed that provisional rent of the demised premises was fixed at Rs.1,000/- per month and the respondent tendered the rent at the aforesaid rate upto 30.6.2008 and also paid advance rent for six months i.e. w.e.f. 1.7.2008 to 31.12.2008. The said tendering of rent was accepted by the petitioner under protest.

(3.) The Rent Controller vide judgment dated 24.2.2012 held that the respondent was in arrears of rent of Rs.2,28,000/- approximately and was liable to be evicted on the ground of non-payment of rent. The Rent Controller granted 45 days time to the respondent-tenant to pay the arrears of rent with a stipulation that if he pays the rent within the stipulated time, the petition shall be deemed to be dismissed and in case he fails to pay the rent within the stipulated time, the petitioner-landlord shall be at liberty to seek eviction of the respondent-tenant through the process of the Court.