SHRIMATI RAMA MANOCHA Vs. SURINDER SINGH

JUDGEMENT

(1.) THIS is landlady's petition whose ejectment application was accepted by the Rent Controller, but dismissed in appeal.

(2.) IT is a case where the landlady had to move six eviction applications for the ejectment of the tenant on the ground of arrears of tent. The first application was moved on July 10, 1974 in which the arrears of rent were claimed from April 1, 1974 to July 31, 1974. The tenant tendered the arrears of rent on the first date of hearing i. e. on August 2, 1974 amounting to Rs. 201, at the rate of Rs. 50 per month. The landlady filed the second application for ejectment on January 16, 1976, against the tenant which was numbered as 101-A of 1976. From the record, it appears that the tenant was served in this application for the first time for August 27, 1976. In the said application, the arrears of rent were claimed from July 1, 1974 to December 31, 1975. The tenant filed the written statement dated September 23, 1976. Along with the written statement, he also produced the receipt dated May 11, 1976, Exhibit R.W. 3/1, showing the payment of the rent amounting to Rs. 1,207. 50 from July 1, 1974 to May 31, 1976. In this revision, we are concerned with the above-said eviction petition and not the subsequent ones; filed on behalf of the landlady which were consolidated and tried together by the Rent Controller. Ultimately, Rent Controller passed the order of eviction in Eviction Petition No. 101A of 1976 on the ground of non-payment of the arrears of rent. The receipt dated May 11, 1976, Exhibit R.W. 3/1 which was claimed to have been executed by the landlady during the pendency of the second ejectment application was found to be not a genuine document. The relevant observations of the Rent Controller in this behalf in paragraph 17 of his judgment read :-

(3.) CONSEQUENTLY , this revision petition succeeds and is allowed. The order of the Appellate Authority is set aside and that of the Rent Controller directing the ejectment of the tenant is restored, with costs. However, the tenant is allowed two months' time to vacate the premises; provided all the arrears, if any, and the advance rent for two months, is deposited with the Rent Controller, within a fortnight. Revision allowed.