UNION OF INDIA Vs. JAGAT SINGH

JUDGEMENT

(1.) The challenge in the present revision petition is to the order of ejectment passed by the learned Courts below on the ground of non payment of arrears of rent on the first date of hearing.

(2.) The respondent has sought ejectment of the petitioner on the ground that tenant is in arrears of rent alongwith house tax w.e.f. March, 1987 till the filing of the petition i.e. 25.1.1989. It is the stand of the petitioners in the written statement that the landlord stopped accepting the rent since April, 1987 with a view to prepare false ground of eviction and that rent was sent from April, 1987 to January, 1989 through money orders, but the same has not been received by the landlord and, therefore, the landlord cannot seek eviction of the tenant on the ground of non payment of arrears of rent.

(3.) Learned Appellate Authority has found that on the first date of hearing on 23.3.1989 tenant put in appearance through one of his official, but arrears of rent was not paid within 15 days. Though an application was filed on behalf of the tenant on 1.6.1990 requesting the learned Rent Controller for assessing the arrears of rent, costs and interest thereon, but the same was dismissed on 7.6.1990 on the ground that such arrears of rent could be tendered only on the first date of hearing and consequently, it was found that since the arrears of rent, costs and interest thereon, was not paid on 1.6.1990, therefore, tenant is liable to be evicted.