BAKSHI MOHD. SHAFI Vs. RIAZ

JUDGEMENT

(1.) CHALLENGE in the present revision petition, filed by the petitioner - tenant, is to the order dated 03.12.2013 (Annexure P5), whereby the Rent Controller, Malerkotla, has held that the order of the Appellate Authority dated 29.10.2013 (Annexure P1) was a conditional one, upon the deposit and clearing the arrears of rent upto date and the mesne profits @ Rs. 3000/ - per month, from the date of the order. The same having not been complied with by the tenant, the warrants of possession were issued by holding that the stay no longer operated since interest and the costs of the application along with house tax have not been paid, by placing reliance upon the judgment of the Apex Court in Rakesh Wadhawan Vs. M/s Jagdamba Industrial Corporation : 2002 (5) SCC 440.

(2.) EVICTION was ordered in the petition filed under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short, the 'Act') by the Rent Controller on 06.08.2012, from the shop bearing Municipal No.B - IX/477, located in Malerkotla, on the ground that rent had been demanded from 01.04.2000 and the tenant had not produced any proof for the rent paid till 31.03.2007.

(3.) ACCORDINGLY , the petitioner filed an application dated 22.11.2013 (Annexure P2), for depositing the arrears of rent @ Rs. 200/ - per month from 01.03.2009 to 31.07.2012, for 41 months, amounting to Rs. 8200/ - and mesne profits @ Rs. 3000/ - per month, w.e.f. 01.08.2012 to 31.12.2013, for 17 months, amounting to Rs. 51,000/ -. The interest element was not mentioned in the said affidavit. The total amount of Rs. 59,200/ - was deposited on 26.11.2013, in the Treasury after getting due permission from the Rent Controller, as per the challan (Annexure P3). It was, accordingly, submitted before the Executing Court that the stay order was conditional and the arrears of rent included the interest element and the amount of house tax which had not been deposited by the judgment debtor. Resultantly, the impugned order has been passed on the ground that interest has also not been included and the costs of application along with house tax.