MADAN GOPAL Vs. SUNDER SINGH

JUDGEMENT

(1.) THIS petition arises out of an order dated 10.10.1983 made under Section 19(1)(3) read with Section 9(2) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to the 'Act'). As per the averments made in the application, which has been filed by the tenant, he was in occupation of a house belonging to the landlord-petitioner on a monthly rent of Rs. 80/-. The landlord filed an application for ejectment against the tenant on the ground of non-payment of rent and house tax. In order to avoid his eviction, the tenant tendered a sum of Rs. 1040/- towards rent, Rs. 40/- as interest, Rs. 94/- as house tax and Rs. 40/- as costs in Court in 15.4.1983, on which the application for ejectment was dismissed on that date. The tenant thereafter filed the present application pleading that as no house tax for the year 1982-83 was leviable, the sum of Rs. 94/- taken by the landlord on that count was without authority and as such the landlord was liable to be prosecuted under Section 19 of the Act. The landlord admitted that the aforesaid amount had in fact, under a misconception, been accepted by him, but it was further pleaded that he had not been aware of the fact that for the year 1982-83 the building in question had been exempted from the payment of house tax. The Rent Controller disbelieving the statement of the landlord allowed the application by the impugned order and directed that he be prosecuted.

(2.) This matter came up for motion hearing on 12.3.1984, on which date notice was issued and the operation of the impugned order was stayed meanwhile. The respondent though served, remains un-represented before me today.

(3.) I have heard Mr. Ashok Jindal, the learned counsel for the petitioner and have gone through the impugned order.