PUSHPA DEVI Vs. BHIM SAIN

JUDGEMENT

(1.) PUSHPA Devi petitioner is the owner of the shop in dispute situate in Charkhi Dadri which was let out to Bhim Sain respondent, in 1955 at Rs. 37.50 per month. In April, 1979, Pushpa Devi (landlady) filed a petition for ejectment against the respondent on various grounds and also prayed for fixation of fair rent. The Rent Controller vide order dated April 3, 1981, fixed the fair rent of the shop in dispute at Rs. 71.25 per month with effect from the date of presentation of the petition i.e. April 11, 1979. The prayer regarding ejectment of the respondent was declined. The petitioner filed an appeal against the order of the Rent Controller which was disposed of the Appellate Authority vide order dated January 21, 1982. The order of the Rent Controller dismissing her ejectment petition was maintained. The fair rent was, however, increased from Rs. 71.25 to Rs. 133 per month with effect from April 11, 1979. The petitioner assailed the order of the Appellate Authority fixing the fair rent of Rs. 133 per month in Civil Revision No. 1648 of 1982. She prayed that the their rent be fixed at Rs. 330/- per month. Bhim Singh respondent also assailed the order of the Appellate Authority fixing the fair rent at Rs. 133/- per month in Civil Revision No. 495 of 1982. He prayed that the order of the Appellate Authority be set aside and that of the Rent Controller fixing the fair rent at Rs. 71.25 be restored. Civil Revision Nos. 495 of 1982 and 1648 of 1982 have since been disposed of vide orders dated to date and the fair rent has been fixed at Rs. 119.50 per month with effect from April 11, 1979.

(2.) ON February 3, 1982, Pushpa Devi petitioner filed another ejectment application against the respondent on the ground of non-payment of arrears of rent. On March 12, 1982, the respondent tendered the arrears of rent at the rate of Rs. 37.50 per month whereas the petitioner had claimed at the rate of Rs. 133/- per month. The petitioner objected that the tender was short. The Rent Controller framed the following issues :

(3.) THE respondent had taken the shop in dispute in 1955 at the rate of Rs. 37.50 per month. The Rent Controller vide order dated April 3, 1981, fixed the fair rent of the shop at Rs. 71.25 per month with effect from April 11, 1979. The respondent did not assail the order of the Rent Controller. The petitioner did file an appeal against that order and the Appellate Authority vide order dated January 21, 1982, increased the fair rent from Rs. 71.25 to Rs. 133 per month with effect from April 11, 1979. The respondent felt aggrieved by the order of Appellate Authority and filed Civil Revision No. 495 of 1982. On the prayer made by Bhim Sain respondent, the operation of the order of Appellate Authority was stayed on February 24, 1982. This stay order was in force on March 12, 1982. The effect of the stay order issued in Civil Revision No. 495 of 1982 on February 24, 1982, was that the fair rent of the shop in dispute stood fixed at Rs. 71.25 per month on March 12, 1982. Bhim Sain respondent was thus liable to tender the arrears of rent of the shop in dispute on March 12, 1982, at the rate of Rs. 71.25 per month. It is not disputed that Bhim Sain respondent tendered the arrears of rent on March 12, 1982, at the rate of Rs. 37.50 per month. The tender of arrears of rent by Bhim Singh respondent was obviously short.