TARA CHAND Vs. OM PARKASH

JUDGEMENT

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

(2.) THE landlord, Om Parkash sought ejectment of his tenant Tara Chand from the shop in dispute which was rented out a monthly rent of Rs. 42.50 on the ground that the tenant was in arrears of rent with effect from 5.11.1974 upto the date of application which was filed on 22.3.1976 and secondly, on the ground that the premises had been sublet by the tenant. The said allegations were controverted by the tenant. It was pleaded that the rent with effect from 5.11.1974, upto the date of application which was filed on 22nd March, 1976 amounting to Rs. 637.50 had already been paid prior to the filing of the ejectment application. However, by way of abundant caution, the tenant tendered on the first date of hearing rent from 5.2.1976 to 4.6.1976 with costs. However, the costs of Rs. 25/- as assessed by the Rent Controller were not paid by him.

(3.) THE learned counsel for the petitioner submitted that the ejectment application was filed on 22.3.1976 and therefore, the rent was due only for the month of February, 1976. The arrears of rent as claimed in the ejectment application from 5.11.1974 to 5.2.1976 had already been paid before the filing of the ejectment application. Thus, argued that learned counsel, there was nothing due on the date when the ejectment application was filed. However, the tenant tendered the rent on the first date of hearing from 5.2.1976 to 4.6.1976 and under these circumstances, he was under no obligation to pay the costs, as assessed by the Rent Controller.