PRADEEP KUMAR Vs. MADAN LAL

JUDGEMENT

(1.) The present revision petition is directed against the order dtd. 15/11/2021 (Annexure P-1) vide which the application filed by the present petitioner for passing an order of eviction on account of non-deposit of the rent assessed vide order dtd. 15/7/2021 was dismissed and the application filed by the respondents-tenants for depositing the rent was allowed.

(2.) The facts, as emanating from the revision petition and as have been stated by learned counsel for the parties are that an eviction petition was filed by the petitioner-landlord (Pradeep Kumar) against the respondents-tenants under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Rent Act'). Vide order dtd. 15/7/2021 (Annexure P-2), provisional assessment of rent was done. A sum of Rs.12,600.00 was determined as arrears of rent, costs were assessed at Rs.1,000.00 and interest @ 6% per annum was also ordered to be paid on the outstanding amount. The matter was then fixed for 11/8/2021 for tender of rent. On 11/8/2021, a sum of Rs.10,000.00 was deposited by the respondents-tenants upon which an objection was raised by the petitioner-landlord that the rent was short, though the said amount was accepted under protest. The case of the petitioner is that on account of short tender of rent, eviction should have been ordered by the Rent Controller keeping in view the ratio of law laid down by the Supreme Court of India in the case of 'Rakesh Wadhawan Vs. M/s. Jagdamba Industrial Corporation', 2002 AIR (Supreme Court) 2004.

(3.) I have heard learned counsel for the parties.