LAL CHAND Vs. MADAN LAL

JUDGEMENT

(1.) THIS is a tenant's petition against whom an ejectment application was dismissed by the Rent Controller but eviction order was passed in appeal.

(2.) THE landlord Madan Lal sought ejectment of his tenant Lal Chand on the sole ground that he was in arrears of rent, with effect from 1.4.1973 till the date of filing of the application which was filed on 31.5.1975. According to the landlord, the rent was Rs. 15/- per month. In the written statement, the tenant pleaded that the rent was Rs. 5/- only and consequently, on the first date of hearing he deposited rent at the said rate along with interest and costs amounting to Rs. 166.50 paise. The rent was paid upto May, 1975, the date on which the application was filed though the rent for the month of May, 1975 had not become due till then. The landlord contended that the tender was not valid. However, the learned Rent Controller found that the landlord has failed to prove that the rent of the property was Rs. 15/- per month. The learned Rent Controller assessed the rent upto 31.5.1975 and up to that day, the rent at the rate of Rs. 5/- has been validly tendered and the interest of Rs. 11.50 paise up to 31.5.1975 could not be termed as insufficient. In view of that the ejectment application was dismissed. In appeal, the Appellate Authority though affirmed the finding of the Rent Controller as regard the rate of rent but according to this calculations, the interest of the rate of Rs. 8 per cent comes to Rs. 13/- whereas the tenant tendered only Rs. 11.50 paise and, therefore, the tender was short by Rs. 1.50. On this ground alone, the eviction order was passed.

(3.) AFTER hearing the learned counsel, I find force in the contention raised by counsel for the tenant-petitioner. On the facts and circumstances of the case, the tender could not be held to be invalid. The rent at the time of filing of the application was due only upto April, 1975 whereas the tenant tendered the rent for the month of May, 1975 as well. Thus the short tender, if any, could be adjusted from the rent for the said month.