ANWAR HUSSAIN Vs. BHUPINDERJIT SINGH

JUDGEMENT

(1.) Challenge in the present revision petition filed under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 is to various orders passed by the Rent Controller and the Appellate Authorities. Vide order dated 05.11.2011 (Annexure P-1), provisional rent including house tax, interest and costs were assessed at Rs. 2,08,055/-and the date for tendering the same was fixed for 17.12.2011. The petitioner-tenant chose to file an appeal in which, direction was issued to pay 50% amount of the assessed rent within 5 days. The said 50% amount of assessed rent was deposited, however, the said appeal was not pursued and the same was dismissed in default on 03.12.2012. On the record being received from the Rent Controller, he adjourned the case 2-3 times but none put in appearance on behalf of the tenant before him and eventually, having no option, the Rent Controller directed eviction on 15.02.2013 (Annexure P-2) as the order dated 05.11.2011 whereby, provisional rent had been assessed and payment had to be made, had not been complied with. An appeal was filed by the petitioner before the Appellate Authority which has now been dismissed on 30.11.2013 (Annexure P-3) keeping in view the binding precedent of the Apex Court in Rakesh Wadhawan & others Vs. Jagdamba IndustrialCorporation & others, 2002 5 SCC 440. Resultantly, the present revision petition has been filed. In the meantime, the Executing Court on 17.10.2014 (Annexure P-5) had also directed that the possession of the premises be delivered according to law and police help be provided, if required.

(2.) Counsel for the petitioner has vehemently submitted that he is willing to deposit the outstanding 50% amount of assessed rent and he had never been informed by his counsel due to which the amount could not be deposited.

(3.) After hearing counsel for the petitioner, this Court is of the opinion that there is no merit in the argument now raised. Admittedly, after the appeal was dismissed in default, no effort was made to file an application before the Rent Controller to deposit the outstanding 50% amount of assessed rent leading to the passing of the eviction order dated 15.02.2013.