HARBHAJAN SINGH Vs. BALWANT SINGH

JUDGEMENT

(1.) BY this order Civil Revision Nos. 3584 of 1995 and 1778 of 1996 are being decided.

(2.) THE facts of the case are that the landlord-petitioner filed an ejectment petition against the tenant-respondent on account of arrears of rent. He claimed rental arrears from October 1, 1986, to October 31,1987 at the rate of Rs. 100/- per month. The tenant disputed the rate rent and consequently the quantum of arrears also. According to the tenant, the rate of rent is Rs. 30/- per month and he is also not liable to pay the house-tax, but on being summoned the tenant-respondent deposited all the rental arrears as claimed by the landlord-petitioner with a view to a void eviction on that ground and in the written statement prayed that the petition be dismissed with costs and his counter claim for refund of the excess amount paid by him to the landlord-petitioner be allowed, who should be ordered to refund back the excess amount realised by him. On these pleadings the Rent Controller framed two issues:

(3.) PETITIONER 's learned counsel contended that in the written statement the tenant-respondent has not mentioned in the heading that it is a counter-claim also. He only described it as written statement. He has not paid Court-fee thereon. If it was a counter claim filed under Order 8 Rule 6-A or Order 8 Rule 6-G CPC, under Order 8 Rule 9 CPC the petitioner should have been ordered by the Rent Controller to file written statement, but no such order was passed. He further submits that no issue was framed about the rate of rent or about the excess payment of rent made by the tenant-respondent. His contention is that from all these facts it was evident that the tenant had abandoned his alleged counter claim. In this connection he also referred to Chapter I-E Rule 5 of Punjab and Haryana High Rules and Orders, Volume-I under which also Court-fee is required to be paid on the counter claim.