(1.) Petitioner has filed this petition challenging the order dated 8.7.2013 whereby objection petition filed by the respondent had been accepted and the execution petition filed by the petitioner-landlord, was dismissed. Petitioner had filed petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 seeking ejectment of the respondent on the ground of arrears of rent. Admittedly, so far as deficiency in payment of rent is concerned, the same relates to the month of May 2005. The Rent Controller vide order dated 10.6.2011 ordered that respondent should complete the deficiency in rent within five weeks failing which he was ordered to be evicted from the premises in question and was directed to hand over the vacant possession of the premises in question within one month. Respondent was, thus, liable to make up the deficiency upto 15.7.2011.
(2.) Case of the landlord-petitioner, before the Executing Court, was that the respondent had failed to make up the deficiency within the prescribed period and was, therefore, liable to be ejected. Respondent, on the other hand, filed the objection petition. Vide the impugned order, the Executing Court has allowed the objection petition filed by the tenant and has dismissed the execution petition filed by the landlord.
(3.) Learned counsel for the petitioner has submitted that the respondent was liable to make up the deficiency in the rent on or before 15.7.2011. The parties were sharing the same premises. Respondent was aware that on 16.6.2011, petitioner was not available and, consequently, sent the amount in question to the petitioner through money order. As per the report of the postman, the money order could not be delivered to the petitioner as he was not found available. Thereafter, the option available to the tenant was to have deposited the rent before the Rent Controller in terms of Section 6A of the Act. However, the tenant had failed to do the needful. Application moved by the tenant for extension of time to make up the deficiency qua rent was got dismissed as with drawn vide order dated 18.1.2012. Hence, the execution petition was liable to be allowed.