PUNJAB NATIONAL BANK Vs. SWAYAM PARKAS

JUDGEMENT

(1.) THE petitioner is aggrieved against the order passed by the authorities under Haryana Urban (Control of Rent & Eviction) Act, 1973 (hereinafter be referred as 'the Act'), whereby the counter claim raised by the petitioner for adjustment of rent paid earlier was dismissed.

(2.) THE brief facts of the case out of which the present Revision Petition has arisen are that the landlord sought ejectment of the petitioner under Section 13 of the Act on 17.2.1987. inter alia, on the ground that the tenant has failed to make the payment w.e.f. 1.5.1986. In the written statement filed, it was pointed out that the amount of Rs. 22,000/- as rent for the period 1.5.1986 to 28.5.1987, was deposited by the Bank in the current account of the landlord. In order to avoid ejectment on the ground of arrears of rent, the bank tendered Rs. 22860/- towards the arrears of rent, interest and costs. Subsequently, the Bank in the written statement raised a counter claim for adjustment of the said amount. It may be noticed that the landlord is guarantor of payment of dues to the bank of one Shri Suraj Mal Biyani and Since under the arrangement entered upon by the said Suraj Mal Biyani the landlord with the Bank, it was agreed that if there is any default in the payment of the dues of the Bank, the amount can be withdrawn form the account of the landlord for appropriation of the dues in the account of said Suraj Mal Biyani.

(3.) LEARNED counsel for the petitioner has vehemently argued that in terms of Section 7 of the Act, the petitioner is entitled to adjustment of rent, which has been paid twice over for the same period. The rights of the parties have to be determined on the date of filing of the petition i.e. the date of counter claim and, therefore, mere vacation of the premises later cannot be a ground to non-suit the petitioner. The finding recorded that since no adjustment can be made from the rent payable, therefore, the counter claim cannot be allowed, is not sustainable in law. Learned counsel for the petitioner has relied upon Harbhajan Singh v. Balwant Singh, 1996 Haryana Rent Reporter 404 and Amar Singh and ors. v. Pritam Kaur, 1997(1) Civil Court Cases 456 (P&H).