HARI RAM JAGGI Vs. DES RAJ SETHI

JUDGEMENT

(1.) THE only question in this revision petition filed by a landlord under the provisions of the East Punjab Urban Rent Restriction Act is whether the tenant properly complied with the proviso contained in section 13(2)(b) of the Act and so saved himself from ejectment on the ground of non -payment of arrears of rent.

(2.) THE relevant facts are that the house in suit was taken on lease by the tenant from the landlord by the rent deed P. 1 in which it was specified that the rent of the house was Rs. 25.00 p.m. and that the tenant would also pay Rs. 1.25 P. monthly as electricity and water charges. At the first hearing before the learned Rent Controller the tenant deposited the arrears of rent due only at the rate of Rs. 25.00 together with costs and interest and the learned Rent Controller found that this was not proper compliance of the terms of the proviso since Rs. 1.25 p. payable on account of electricity and water charges also formed part of the rent. In reaching this conclusion he took notice of the fact that on a previous occasion when the landlord had instituted an ejectment petition on the basis of arrears of rent the tenant had been careful enough to deposit the amount due at the rate of (Rs. 26.25) p. m.

(3.) THIS case is clearly distinguishable from the Madras case in which the additional charge of nine annas per day was imposed for the use of electric fittings and for the current consumed every day, whereas in the present case Rs 1.25 p.p.m. is charged both presumably for the rent of electric fittings and for water charges. In my opinion the tenant acted very foolishly, particularly after the attitude he had adopted in the previous petition of the landlord, in depositing the rent only at Rs 25.00 p.m. since I consider that Rs. 1.25 p. which he had to pay to the landlord monthly in addition to Rs. 25.00 was also part of the rent. I therefore hold that the matter was correctly decided by the learned Rent Controller and accepting the revision petition, I restore the order of the learned Rent Controller for the ejectment of the tenant, but leave the parties to bear their own costs.