SUSHILA DEVI Vs. SURINDER SAHNI

JUDGEMENT

(1.) THE present petition is directed against the order of the Rent Controller as also the Appellate Authority, made on an application under Section 13 of the East Punjab Rent Restriction Act, 1949, dismissing the application for ejectment filed by the landlady-petitioner.

(2.) THE facts relevant for the disposal of this petition are that the petitioner who is the owner of Shop cum Flat No. 202, Sector 7-C, Chandigarh, rented the same to the respondent on a monthly rent of Rs. 2100/- as per the lease deed dated September, 1, 1985. Ejectment was sought on the solitary ground that the tenant had failed to pay the rent at the above rate from May 1, 1987 to August 31, 1987. The respondent in the written statement pleaded that the rate of rent was Rs. 2000/- and not Rs. 2100/- per month and, accordingly, tendered the arrears of rent on that basis alongwith interest and costs on the very first date of hearing. This tender was accepted under protest by the petitioner claiming that it was a short tender.

(3.) FROM the pleadings of the parties, the Rent Controller framed the following issues: 1. Whether the tender is valid ? OPP. 2. Relief: