AKASH SHEET Vs. NARESH BHUTANI

JUDGEMENT

(1.) This is tenants revision petition challenging the order dated 15.5.2012 of the Rent Controller, Faridabad, whereby they have been ordered to be ejected from the demised premises for non-tendering of provisional rent, as assessed in terms of order dated 4.5.2012 and further the judgment dated 27.8.2013 of the Appellate Authority, whereby their appeal against the aforesaid order of eviction was dismissed. In the instant petition, the respondent-landlord claimed eviction of the petitioners for non-payment of rent for the period w.e.f. November, 2010 upto December, 2011. The petitioner-herein contested the petition by denying the relationship of landlord and tenant between the parties and claiming further that they have purchased the demised premises vide an agreement to sell dated 27.12.2007 and a suit for specific performance of agreement is pending between the parties and therefore, he was not liable to pay any rent in these proceedings.

(2.) However, the Rent Controller vide order dated 4.5.2012, assessed the provisional rent @ Rs. 13,200/- per month and directed the petitioner to pay a sum of Rs. 1,96,000/- which is inclusive of rent, interest and costs on the date fixed i.e. 15.5.2012.

(3.) The tenant-petitioners admittedly failed to tender the provisionally assessed rent on the stipulated date i.e. 15.5.2012. Consequently, the Rent Controller following the law laid down by the Hon'ble Supreme Court in the case of Rakesh Wadhavan & ors. v. Jagdamba Industrial Corporation, 2002 1 RCR(Rent) 514 and the DB judgment of this Court in Rajan @ Raj Kumar v. Rakesh Kumar, 2010 1 RCR(Rent) 386 ordered eviction of the petitioners from the demised premises on the ground of non-payment of provisional rent, as assessed. The petitioners filed an appeal before the Appellate Authority which was also dismissed.