CHANDER PARKASH SHARMA Vs. SHANTI SARUP

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated 10.8.1979 passed by the learned Appellate Authority, Ambala, under Section 15(4) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'the Act'), affirming the judgment of the learned Rent Controller, Ambala, dated 29.9.1978 whereby ejectment of the tenant-petitioner from the demised premises was ordered. The petitioner thus being aggrieved has filed the present revision in this Court.

(2.) AN ejectment application was filed by the landlord-respondent under Section 13 of the Act wherein it was claimed that the petitioner is a tenant under him in a portion of house No. 630, B-V, Ambala City, at a monthly rent of Rs. 12.25 besides electricity and water charges and house-tax at Rs. 1.25 per month. The ejectment of the petitioner was sought on the ground that he had neither paid nor tendered rent for the period from 1.6.1974 to 31.8.1975 amounting to Rs. 363.75. Two more grounds urged were that the petitioner had changed the user of the premises as his wife is running a coaching school therein and that it is a source of nuisance. The latter two grounds, however, did not find favour with the learned Rent Controller and were rejected. These were pressed before the learned Appellate Authority nor any argument based on these grounds was addressed before me.

(3.) THE learned counsel for the petitioner placed on the record a calculation table No. 1 in respect of interest payable at the rate of 8% on the monthly rent of Rs. 12.25 from 1.6.1974 up to 31.7.1975 and the interest payable on this rent till the date of deposit by the petitioner, i.e. 17.11.1975. The calculation shows that the interest actually payable was Rs. 14.58 instead of Rs. 18/- which was calculated by the learned Rent Controller and was deposited by the tenant. The learned counsel for the respondent could not dispute this calculation. He, however vehemently argued that in view of the language of the proviso to Clause (i) of sub-section (2) of Section 13 of the Act it is incumbent on the tenant to pay or tender the arrears of rent and interest to be calculated by the Controller if he is to be deemed to have duly paid or tendered the rent within the time stipulated in Clause (i) ibid. He proceeded to submit that the calculation of interest at Rs. 18/- by the learned Rent Controller cannot be questioned by the petitioner. I do not agree with this submission. A duty has no doubt been cast on the Controller to calculate the interest payable by the tenant on the arrears of rent due, with a view to save the tenant from eviction on the ground of short tender of interest along with rent within the period stipulated therein. It, however, does not mean that the tenant cannot by re-calculation show that the interest so calculated by the Controller was excessive and the tender made by him does not fall short of the valid tender.