UJAGAR SINGH Vs. PREM KUMAR

JUDGEMENT

(1.) THE revision petition has been filed by Ujagar Singh landlord against the order of the Appellate Authority, Faridkot dated 28th September, 1977, accepting the appeal and dismissing the petition for ejectment.

(2.) BRIEFLY , the facts are that the petitioner gave the property in dispute to the respondent vide rent note dated 17.1.1973 Exhibit A-I for a period of 11 months. The rent fixed between the parties was Rs. 300/- per mensem. The petitioner filed a petition for ejectment against the respondent on 1.3.1975 inter alia on the ground that the rent from 17.3.1973 upto date had not been paid. he took another ground as well, but that does not survive now.

(3.) THE main question which arose before the Rent Controller was whether the tender of rent was proper or not. He held that Rs. 7,050/- was due from the respondent as rent from 17.3.1973 to 1.3.1975, Rs. 595/- as interest from 17.3.1973 to 19.7.1975 at the rate of 6% P.A. and Rs. 25/- as costs. Thus an amount of Rs. 7670/- was due from him, whereas he tendered Rs. 7657/-. Consequently the amount tendered was short by Rs. 13/-. In view for the above finding he accepted the petition and ordered ejectment of the respondent. of the respondent. The latter went up in appeal before the Appellant Authority, who held that the respondent became a statutory tenant after the expiry if the period of tenancy. Therefore, the terms of the rent note ceased to be applicable to him and he would be government by section 13(2) (i) of the East Punjab Urban Rent Restriction Act. According to that section on the date of filing the petition i.e. 1.3.1975 the petitioner was entitled to the rent upto 31.1.1975 which came to Rs. 6,760/-. The balance amount of Rs. 917/- left with him was sufficient to cover the amount of interest and costs. Consequently, it accepted the appeal and dismissed the application for ejectment. The landlord has come up in revision to this Court.