UNION OF INDIA Vs. SHRIMATI HAR KAUR

JUDGEMENT

(1.) This revision petition arises out of the ejectment proceedings instituted by the respondent against the petitioner tenant and raises an interesting question of law as to whether November 14, 1975 on which date the arrears of rent were paid was the first date of hearing or not.

(2.) The petition for ejectment was instituted on August 14, 1975 solely on the ground of non-payment of rent the respondent was ordered to be summoned for September 25, 1975. Both the parties appeared on that date but the Presiding Officer being on leave the Reader wrote the order that the case be put up on October 18, 1975. The case was adjourned to November, 14, 1975 at the request of the parties. The arrears of rent were tendered on November 14, 1975. The validity of the tender was challenged by the respondent on the ground that same had not been tendered on the first date of hearing which according to her was October 18, 1975. On these facts, the learned Rent Controller held that October 18, 1975 could not be the date of first hearing as that date was fixed by the Reader and not by the Presiding Officer. The validity of the tender of arrears of rent on November 14, 1975 was therefore, upheld and the petition dismissed.

(3.) On appeal by the owner, the order of the Rent Controller was reversed and ejectment order passed against the tenant. Reliance was placed by the Appellate Authority on a decision of this Court in Civil Rev. 985 of 1972 Atma Nand Jain Sabha v. Sham Lal decided on 27.2.1973 wherein notice was served on the tenant for appearance on June 26, 1969 on which date he appeared and sought adjournment for putting the written statement. The case was accordingly adjourned to July 2, 1969 and on that date he tendered the arrears of rent. On these facts, D.K. Mahajan, J. as he then was, held that the first date of hearing was June 26, 1969 and not the adjourned date of July 2, 1969.