ABNASH CHANDER Vs. ROORA RAM

JUDGEMENT

(1.) ROORA Ram respondent is the owner of the premises in dispute situate in Malout Mandi, District Faridkot. Abnash Chander petitioner is in occupation of the same as a tenant under him. In 1976 Roora Ram filed an ejectment petition against the petitioner seeking his ejectment from the premises in dispute on the ground of non-payment of arrears of rent with effect from August 5, 1973, at the rate of Rs. 100 per month. He, therefore did not tender the arrears of rent on May 10, 1976, which was the first date of hearing. The Rent Controller, Muktsar, vide order dated March 14, 1947, accepted the ejectment petition filed by Roora Ram respondent. The petitioner feeling aggrieved by the order of the Rent Controller filed an appeal which was dismissed by the Appellate Authority, Faridkot, vide order dated September 12, 1977. The petitioner has assailed the order of the Rent Controller and the Appellate Authority in the present revision.

(2.) IN the ejectment petition filed by respondent, a notice was issued to the petitioner and in pursuance thereof he appeared in Court on May 5, 1976. The petitioner did not tender the arrears of rent. He rather stated that he had no ready money to make the tender as arrears of rent. He, however, brought to the notice of the Rent Controller that a copy of ejectment petition had not been supplied to him. A copy of the ejectment petition was supplied to him and the case was adjourned to May, 10, 1976. On May, 10, 1976, the petitioner again put in appearance but did not tender the arrears of rent. The case was adjourned to May, 19, 1976. On which date the arrears of rent were again not tendered. The case was adjourned to June 9, 1976, for replication and framing of the issue. On June 9, 1976, the petitioner showed his willingness to make the tender of arrears of rent. The Rent Controller assessed the cost of the ejectment petition. The petitioner paid Rs. 160/- in all to the respondent, including Rs. 120/- as rent at the rate of Rs. 30/- per month Rs. 10, as interest and Rs. 30/- as costs as assessed by the Rent Controller. The tender was accepted by the counsel for the respondent under protest stating that the same was short.

(3.) THE respondent had claimed arrears of rent from the petitioner from August 5, 1973. The petitioner, however, tendered rent on June 9, 1976, for four months only. The petitioner has however, been ordered to be ejected on the short ground that the arrears of rent was not tendered on the first date of hearing i.e. May 10, 1976. It is not disputed that May 10, 1976 was the first date of hearing. It is also not disputed that on that date the petitioner did not tender the arrears of rent. The Rent Controller has observed that the cost of the petition was not assessed on May 10, 1976, because the petitioner did not show his intention to make the tender of arrears of rent on that date. Under proviso to section 13(2)(i) of the Act the petitioner could avoid his ejectment by tendering the arrears of rent, interest and costs of the ejectment petition as assessed by the Rent Controller on the first date of hearing. Assuming for the sake of argument that the cost was not assessed by the Rent Controller on May 10, 1976, the petitioner did not stand absolved from tendering the arrears of rent and interest there on that date to avoid ejectment on that ground. The counsel for the respondent accepted the amount tendered on June 9, 1976 under protest and did not specifically give up the ground for seeking the ejectment of the petitioner on the ground of non-payment of arrears of rent nor did he condone the lapse on the part of the petitioner for not tendering the arrears of rent on the first date of hearing. Inview of the fact that the petitioner did not tender the arrears of rent and interest to the respondent-landlord on the first date of hearing, he was rightly ordered to be ejected on that ground.