RAJINDER KAUR Vs. AMRIK SINGH

JUDGEMENT

(1.) THE challenge in the present revision petition is to the order of ejectment passed by the Authorities below on the ground that the petitioner is in arrears of rent w.e.f. 1.8.1993.

(2.) THE respondent sought ejectment of the petitioner by filing a petition on 27.9.1999 on the ground that the tenant is in arrears of rent w.e.f. 1.8.1993 at the agreed rate of rent of Rs. 900/- per month. The tenant took up a stand in the written statement that the rate of rent is Rs. 600/- per month since the year 1996 and that he has already paid the rent, but tendered the rent for the months of October and November, 1999 before the first date of hearing before the learned Rent Controller.

(3.) AGGRIEVED against the order of ejectment, an appeal was filed. It is the case of the petitioner that in terms of the interim order passed by the learned Appellate Authority, the tenant has deposited the arrears of rent w.e.f. 1.8.1993 @ Rs. 600/- per month. However, the learned Appellate Authority has dismissed the appeal and maintained the order of ejectment on the ground that the tenant has failed to make the payment of rent falling due month by month and the arrears have been deposited only when the appeal was preferred against the order of ejectment and, therefore, non-payment of the rent during the pendency of the proceedings is one of the relevant factors for exercising the discretion for affording the tenant an opportunity of making good the deficiency. It may be noticed that before the learned Appellate Authority, the petitioner relied upon a judgment of the Hon'ble Supreme Court of India, Rakesh Wadhawan v. Jagdamba Industrial Corporation, 2002(1) RCR(Rent) 514 : AIR 2002 SC 2004.