GIAN CHAND Vs. LACHMAN DASS

JUDGEMENT

(1.) THE tenant has filed this revision petition under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') for setting aside the order dated 16.12.1992 passed by the appellate authority, whereby, he has been ordered to be ejected under Section 13(2)(i) of the Act from the demised premises on account of non-payment of rent.

(2.) IN this case, the respondent-landlord filed an application under Section 13(2)(i) of the Act for ejectment of the petitioner on the ground of non- payment of rent. The respondent-landlord claimed the rent of the demised premises (shop) at the rate of Rs. 400/- per month and claimed non-payment of the said rent from August, 1986 till the date of filing of the petition i.e. 4.1.1988. The tenant contested the ejectment application on the ground that rate of rent of the demised premises was Rs. 200/- and not Rs. 400/-, as claimed by the landlord. On the first date of hearing the tenant tendered the rent at the rate of Rs. 200/- for the claimed period along with cost and interest as assessed. Ultimately after leading evidence by both the parties, the Rent Controller found that the rate of rent was at the rate of Rs. 200/- and the said rate has already been tendered by the tenant, therefore, the ejectment application was dismissed.

(3.) LEARNED counsel for the petitioner submits that the case of the petitioner is squarely covered by the decision of the Hon'ble Supreme Court in Rakesh Wadhawan and others v. Jagdamba Industrial Corporation and others, 2002(1) RCR(Rent) 514 (SC) : (2002-2)131 PLR 370 (SC) and in view of the said decision, the impugned order passed by the appellate authority is liable to be set aside and the case is to be remanded back to the Rent Controller for providing an opportunity to the tenant for making the payment or tender the rent as per the assessment made by the appellate authority.