AJIT SINGH Vs. HARJIT KAUR

JUDGEMENT

(1.) The tenant is in revision against the orders of eviction passed on the ground of non-payment of the provisional rent as assessed on 02.11.2016 which were to be paid on 13.12.2016 and were not paid and resultantly, the eviction order was passed by the Rent Controller, Amritsar on 13.12.2016.

(2.) The said order has been upheld in appeal by the Appellate Authority on 27.04.2017 by taking into account that the explanation given in the grounds of appeal that the respondent was ready to furnish post dated cheque and ready to make online transfer of the amount in the account of the landlord was only a frivolous excuse on the ground that the landlord was not furnishing the bank account. It was noticed that the case was kept pending till 3.55 p.m by the Rent Controller but the cheque was not tendered on the said date. Reliance was placed upon judgment of the Apex Court in Rakesh Wadhawan and others Vs. M/s. Jagdamba Industrial Corporation and others, 2002(1) R.C.R.(Rent) 514 : 2002 (5) SCC 440 to come to the conclusion that eviction was justified.

(3.) A perusal of the order of the Rent Controller would go on to show that a sum of Rs.1,25,495.00 was assessed for payment to be made on 13.12.2016. On the date the payment was to be given, an application was filed for directing the landlady to furnish the bank account for the amount to be transferred in the account. The tenant was quizzed by the Rent Controller that whether he would deposit the amount in the account on the same day, but he was only ready to furnish a post dated cheque and that he was ready to make online transfer of the amount in the account of the petitioner. It was further recorded by the Rent Controller that the case was kept pending till 3.55 p.m. but he failed to tender the cheque of the same date and apprise the Court whether he would make any online transfer. It was in such circumstances, the eviction has been ordered.