PRABHA KHANNA Vs. SATISH CHANDRA

JUDGEMENT

(1.) This is landlady's petition whose ejectment application has been allowed by the Rent Controller, but dismissed in appeal.

(2.) The landlady sought the ejectment of the tenant from the premises, in dispute, on the ground that he was in arrears of rent for the months of June, July and August, 1983. The application was filed on August 5, 1983. The rent claimed was at the rate of Rs. 770/-per month exclusive of electricity and water charges. The tenant contested the said application. It was pleaded that the rent of Rs. 770/- per month also included the water charges. However, the arresrs of rent, amounting to Rs. 2,310/- were tendered in the Court of the Rent Controller on September 22, 1983. The only controversy between the parties is : whether the arrears of rent amounting to Rs. 2,310/- paid in the Court on September 22,1983, was a valid tender or not. The learned Rent Controller found that since the rent was tendered on September 22, 1983, i.e., after the expiry of the statutory period of 15 days, the tenant was not entitled to the protection of the first Proviso to S.13(2)(i) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, (hereinafter called the Act). Consequently, the ejectment application was allowed and the order of eviction was passed against the tenant. In appeal, the learned Appellate Authority reversed the said finding of the Rent Controller and came to the conclusion that the tender made on September 22, 1983, was within 15 days from the first date of hearing which was September 7, 1983: Consequently, the eviction order passed by the Rent Controller against the tenant was set aside. Dissatisfied with the same, the landlady has come up in revision to this Court.

(3.) As already observed, the only controversy between the parties in this revision petition is: whether the tender made on September 22, 1983, when the first date of hearing in this case was September 7, 1983, was made within a period of 15 days or not as provided under first proviso to S.13(2)(i) of the Act.