DEWAN SINGH Vs. KAILASH WATI

JUDGEMENT

(1.) Dewan Singh has filed this petition against the order of ejectment passed by the learned Rent Controller and affirmed by the learned Appellate Authority.

(2.) It is not necessary to state the facts as the main ground urged by Mr. Ghai, learned counsel, is that the petitioner had made a valid tender of the arrears of rent on 5th August, 1970, and that the learned Appellate Authority was not justified in holding that the tender was not valid.

(3.) After hearing the learned counsel for the parties, I am of the view that the contention of the learned counsel for the petitioner does not deserve to be gone into as it has been found as a fact that the rent that was payable by the tenant-petitioner was at the rate of Rs. 15/- per month, while the tender of the arrears of rent was made by the tenant at the rate of Rs. 4/- per mensem. That being so, even if, for the sake of argument, it is accepted that the tender made on 5th August, 1970, was a valid tender, then also the whole amount of the arrears of rent at the rate of Rs. 15/- per mensem had not been paid and, therefore, the tender would be deems d not to be a valid one. In this view of the matter, the finding that a valid tender of the arrears of rent together with interest and costs was not made by the tenant, is quite legal and does not deserve to be interfered with.