KULDIP SINGH Vs. RAM KISHAN

JUDGEMENT

(1.) THIS is tenant's petition filed under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short, the Act) challenging the concurrent findings of facts recorded by both the Courts below holding that he has been in arrears of rent. The tenant-petitioner was found to be in arrears of rent with effect from 1.8.1984 to 30.9.1987 which he alleges to have paid in pursuance to the Order dated 10.5.1991 passed by the appellate authority. It has further been alleged that the rent from January 19, 1989 to June 19, 1991 and thereafter, upto August, 2004 stand paid. However, there is still some payments to be made on account of interest or costs.

(2.) THERE is no dispute between the parties that the learned Rent Controller did not follow the provisions of Section 13(2)(i) of the Act and has not framed the provisional order of assessment granting opportunity to the tenant-petitioner for payment of rent, costs and interest. Had that been done, the tenant-petitioner might not have suffered the order of ejectment. Such an opportunity is required to be given as per the judgment of the Supreme Court in the case of Rakesh Wadhawan and others v. Jagdamba Industrial Corporation and others, 2002(1) RCR(Rent) 514 (SC).

(3.) THE parties through counsel are directed to appear before and the Rent Controller, Dasuya on 30.7.2004.