ARUN KUMAR Vs. SHAM LAL AND ORS.

JUDGEMENT

(1.) The tenant is in revision against the orders of both the Courts below directing him to vacate the demised premises.

(2.) The application for eviction was filed on the ground of nonpayment of arrears of rent. The Rent Controller assessed the rent to the tune of L 7,18,867/- on 04.04.2012 which was tendered by the tenant on 05.06.2012 and received by the landlord under protest stating that it is insufficient and invalid. The case was then adjourned to 22.08.2012 but no-one appeared on behalf of the tenant on that date and notice was issued to him and his counsel. The tenant appeared on 26.03.2013 and his presence was marked. Thereafter, the tenant had been appearing in person and the Rent Controller, after hearing both the parties, concluded that the interest on the amount of delayed payment of rent for the period 01.02.1989 to 01.01.1990 was not assessed and remained unpaid and passed a conditional order of eviction by directing the tenant to pay the interest on the amount of L 42,300/- @ 6% per annum, for a period of 22 years, which comes out to L 55,836/-, within a period of two months, failing which the tenant was directed to hand over vacant possession of the demised premises to the petitioner within a period of two months.

(3.) The case of the petitioner is that he did not join the proceedings after 26.03.2013 and his presence has been wrongly marked in the subsequent interim orders. It is further argued that after the tender was made, further enquiry was required to be held but no enquiry was done by the learned Rent Controller and straightway order of eviction was passed, subject to payment of amount of L 55,836/-.