BANWARI Vs. CHANDU LAL

JUDGEMENT

(1.) THIS is tenant's revision petition against whom the ejectment application was dismissed by the Rent Controller, but allowed in appeal by the Appellate Authority.

(2.) THE landlord Chandu Lal sought the ejectment of his tenant Kundan from the demised premises. Originally, one room and one verandah, according to the landlord, were given on rent at the rate of Rs. 25/- per month beside house-tax. Later on another room was also rented out to him and, thus, the rent was enhanced to Rs. 40/- per month besides house-tax. According to the landlord, the tenant was in arrears of rent with effect from January 1, 1972 onwards whereas the ejectment application was filed on May 21, 1976. The tenant appeared on August 31, 1976 and tendered Rs. 180.74, i.e. Rs. 126/- as the arrears of rent which effect from May 17, 1973 to May 17, 1976 at the rate of Rs. 3.50 per month; Rs. 12.60 as the house-tax; Rs. 17.14 as interest and Rs. 25/- as costs on the plea that the rate of rent was Rs. 3.50 and not Rs. 40/- per month, as alleged by the landlord. According to the tenant, he had already paid the arrears of rent to the landlord and reserved his right to recover the same from him in accordance with law. Because the tender was taken to be conditional, so the tendered amount was declined by the landlord. The learned Rent Controller found that the rate of rent was Rs. 3.50 and not Rs. 40/- per month, as claimed by the landlord. It was further found that the tender made on the first date of hearing was valid. In view of these findings the ejectment application was dismissed. In appeal the learned Appellate Authority came to the conclusion that the tender was short because the Rent Controller had assessed the interest at Rs. 22.50 whereas the tenant had tendered the same to the tune of Rs. 17.14. Therefore, the tender being short, the tenant was liable to be evicted.

(3.) CONSEQUENTLY , this revision petition succeeds and is allowed. The impugned order of the Appellate Authority is set aside and that of the Rent Controller dismissing the ejectment application is restored with no order as to costs. Revision petition allowed.