MELU RAM Vs. GOVIND RAM

JUDGEMENT

(1.) GOBIND Ram respondent is the owner-landlord of the shop in dispute situate at Salami Gate, Jhajjar, District Rohtak. The shop was let out to Melu Ram petitioner (now deceased and represented by his legal representatives) at Rs. 25/- per month on March 20, 1965. The respondent filed an ejectment petition under Section 13 of the Haryana Urban (control of Rent and Eviction) Act, 1973 (hereinafter the Act) on the ground of non-payment of Rent and the petitioner having committed such acts as are likely to impair materially the value or utility of the building.

(2.) THE petitioner submitted his written statement and denied that he had materially impaired the value or utility of the shop, and expressed his willingness to pay the rent for the months of August and September, 1975, which had already been offered to the respondent and the latter had refused to accept.

(3.) THE Rent Controller vide order dated June 25, 1976, dismissed the ejectment petition of the respondent. The respondent filed an appeal against the order of the Rent Controller. The appellate Authority vide order dated October 5, 1976, maintained the finding of the Rent Controller that the petitioner had not impaired materially the value or utility of the building. The petitioner was, however, held liable to be ejected on the ground that he had failed to tender the rent for the month of August, 1975, within a period of 15 days of the first date of hearing before the Rent Controller. The petitioner has assailed the order of the Appellate Authority in the present revision.