SUBHASH AGGARWAL Vs. NARINDER SINGH & CO ETC

JUDGEMENT

(1.) This revision petition has been filed against the concurrent findings of both the learned courts below ordering eviction of the petitioner on the ground of non-deposit of provisional rent.

(2.) Petition was filed on 09.10.2001 on the ground of nonpayment and subletting (but what survives in the present case is only the issue of non-payment) and the respondent had claimed rent from 01.10.1997 to 31.10.2001. On 20.4.2004, the provisional rent was assessed and the following order was passed:

(3.) The dispute is that the petitioner deposited the rent only uptil the date of filing of the petition and not till the date of passing the order. Both the courts below have held that in terms of judgment of the Supreme Court Madan Mohan and anr Vs. Krishan Kumar Sood, 1993 1 RCR(Rent) 290, it was incumbent upon the tenant to have deposited upto date arrears and having not deposited the same, he was liable to be evicted.