SHEO NARAIN Vs. SHRIMATI MEGH MALA JAIN

JUDGEMENT

(1.) ON 21st March, 1967, Sher Singh filed an application (Numbered as case No. 16 of 1967) under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, hereinafter called the Act, against his tenant Sheo Narain, for his eviction from the shop in dispute, which is situate in Gurgaon Cantonment. The ground for ejectment was non -payment of the arrears of rent to the extent of Rs. 240 from 9th November, 1965, to 8th March, 1967, at the rate of Rs. 15 per month. Notice of this application was issued by the Rent Controller to the tenant on 22nd March, 1967, for 11th May, 1967, and the same was served on the latter on 22nd April, 1967.

(2.) IN the meantime, on 18th August, 1965, the tenant had made an application under Section 4 of the Act to the Rent Controller for fixing the fair rent of this shop. By his order, dated 27th April, 1967, the Rent Controller determined Rs. 10.62 Paise as the fair rent with effect from 18th August, 1965. On 29th April, 1967, the tenant made an application (marked as Case No. 19 of 1967) in the Court of the Rent Controller (Senior Subordinate Judge), Gurgaon, for depositing Rs. 179.48 Paise as the rent of this shop from 9th November, 1965, to 9th May, 1967, at the rate of Rs. 10.62 Paise per mensem. It was stated in this application that the Rent Controller had fixed the fair rent of the shop at the rate of Rs. 10.62 Paise with effect from 18th August, 1965. The tenant had already paid rent to the landlord up to 9th November, 1965, at the rate of Rs. 15 per month prior to the fixation of the fair rent. The landlord was not prepared to take the due rent from 9th November, 1965, at the rate of Rs. 10.62 per mensem. The tenant, therefore, wanted to deposit the same. According to the tenant, the rent from 9th November, 1965 to 9th May, 1967, for 18 months at the rate Rs. 10.62 per month, came to Rs. 191.16 Paise and the excess rent already paid to the landlord from 18th August, 1965 to 9th November, 1965, i.e., for two months and 20 days at the rate of Rs. 4.38 Paise per mensem was Rs. 11.68 Paise. After deducting the excess rent, the due rent, according to the tenant, was Rs. 179.48 Paise, and a prayer was then made in the application that the said amount be ordered to be deposited in Court. On the same date, the Rent Controller, who was also the Senior Subordinate Judge, passed the following order on this application:

(3.) ON 11th May, 1967, the first date of hearing in the case, the Rent Controller assessed the costs at Rs. 25 and thereafter, the tenant made the following statement on solemn affirmation: