KARAM CHAND UTTAM CHAND Vs. SHANTI SARUP

JUDGEMENT

(1.) THE present petition is directed against the order of the Appellate Authority reversing the order of the Rent Controller whereby the eviction application filed by the landlord-respondent had been dismissed.

(2.) A rent note mark 'z' was executed between Amir Chand, the predecessor in interest of the petitioners and the predecessor in interest of the respondents way back on July 30, 1958, whereby the rent was fixed at Rs. 50/- p. m. with a further stipulation that in addition the property tax would be paid by the landlord, whereas the house tax was to be borne by the tenant. On 2. 6. 1961, the father of the respondents mortgaged with possession the property in dispute to one Makhan Singh and on the same day, the tenant petitioner executed another rent note Ex. AW 8/1 in favour of the mortgagee, Makhan Singh Makhan Singh, thereafter died and the mortgagee rights were inherited by Chand Rani who subsequently transferred them to one Smt. Nirmalwati on 1. 2. 1963, Amir Chand died and the property was inherited by the present petitioner, Shanti Swaroop, who redeemed the same from Smt. Nirmtwati vide deed dated 1. 4. 1973. The landlord Shanti Swaroop thereafter filed an application on 28. 5 1974 seeking ejectment of the petitioner on the ground that the petitioner had not paid the rent from 1. 4. 1973 onwards. In this application the rent was claimed @ Rs. 51/- p. m and in addition the house tax was retrospectively claimed w. e. f. 1. 4 1963 to 31. 3 1974 as well.

(3.) THE petitioner appeared before the Rent Controller for the first time on 15. 2. 1975 and the case was adjourned to 26. 2. 1975. On that day the petitioner tendered a sum of Rs. 1100/- towards arrears of Rent from 1. 4. 1973 to 31. 1. 1975 @ Rs. 50/-plus Rs. 66/-towards interest and Rs. 25/ as costs of the petition. The Rent Controller found that the amount tendered was valid and accordingly dismissed the eviction application. Aggrieved, thereby, the landlord-respondent preferred an appeal before the Appellate Authority, who while agreeing with the Rent Controller on the other points raised held that the petitioner was liable to pay rent @ Rs. 50/- p. m. and in addition thereto the house tax as well and holding that the house tax payable was part of the rent and the tender being short, ordered the ejectment of the petitioner. Aggrieved, thereby the tenant has filed the present petition