R.S. AHLAWAT Vs. OM DUTT

JUDGEMENT

(1.) THE petitioner occupied the premises in dispute as a tenant under the respondent on December 10, 1977. On August 14, 1978, the respondent filed petition for ejectment on the ground of non-payment of rent with effect from January 1, 1978 at the rate of Rs. 300 per month. The ejectment was also sought on the ground of personal requirement. The petitioner denied that he was liable to pay rent at the rate of Rs. 300 per month. According to him, the agreed rate of rent was Rs. 161 per month. The first date of hearing of the case was September 5, 1979, on which date the petitioner tendered Rs. 2898 as rent from March 1, 1978 to August 31, 1979 at the rate of Rs. 161 per month, apart from Rs. 160 as interest and Rs. 20 as costs. The respondent accepted the amount tendered under protest being insufficient. The Rent Controller vide order dated August 14, 1981, held that the petitioner was liable to be ejected on the ground of insufficient tender of rent. The plea of personal requirement of the respondent was negatived. Petitioner filed an appeal against the order of the Rent Controller which was dismissed by the Appellate Authority vide order dated October 14, 1981, against which the present revision is direct.

(2.) THE respondent filed another ejectment petition against the petitioner on the ground of non-payment of arrears of rent on May 19, 1979, which was allowed by the Rent Controller vide order dated March 29, 1982. The petitioner filed an appeal against the order of the Rent Controller which was dismissed on May 14, 1982. The petitioner assailed the order of the Appellate Authority in revision which was dismissed in limine. The petitioner then filed S.L.P. (Civil) No. 9022 of 1983 which was dismissed and he was allowed four months' time to vacate the premises in dispute. It is admitted that the petitioner has since vacated the premises in dispute.

(3.) THE respondent produced A.W. Arvind Sood who stated that the premises was let out to the petitioner at Rs. 300/- per month with effect from December 10, 1977, in his presence and the petitioner paid Rs. 200/- as rent for the month of December, 1977 to the respondent. The respondent himself stated likewise. As against this, the petitioner himself appeared as witness and stated that he paid the rent for the months of December, 1977 and January, 1978 in cash and further he sent money orders for Rs. 161 as rent for the month of February, 1978 which was accepted by the respondent.