JAIPAL SINGH, SECRETARY Vs. UDHEY CHAND

JUDGEMENT

(1.) THIS revision at the instance of the tenant is directed against the order dated 7th January, 1986, dismissing the application for seeking permission to lead additional evidence.

(2.) BY leading additional evidence, the tenant intended to prove the factum of deposit of the arrears of rent from January 1, 1982, to June 30, 1983 at the rate of Rs. 85/- per mensum, by bringing on record the relevant court orders directing the deposit of the said amount, the order of the Rent Controller observing that the requisite amount had been deposited in the treasury and the further order that despite notice, the landlords had refused to accept the notice issued by the Court to them to receive the rent, besides bringing on record the treasury challan.

(3.) THE learned Rent Controller had made incorrect assumptions that the tenant had not laid the foundation of his case regarding the fact that the rent had been deposited in the treasury for the given period. In this regard, reference can be made to paragraph 4 of the written statement in reply to the corresponding paragraph of the petition. In my opinion, the Rent Controller has totally misdirected himself in not permitting the tenant to bring his own orders passed on the application dated April 12, 1983 filed by the tenant before the Rent Controller to order the deposit in Court of the rent for the period from January 1, 1982 to June 30, 1983 for payment to the landlords under the rules. It was pointed out in that application that the landlords would not accept the rent and would again take out ejectment proceedings on the ground of non-payment of rent.