KAILASH CHAND Vs. MOOL RAJ SONDHI

JUDGEMENT

(1.) THIS judgment will dispose of Civil Revision No. 2391 and 2392 of 1984 as common questions of facts and law are involved in these petitions.

(2.) THE landlord Mool Raj Sondhi rented out the shop, in dispute, and the Chaubara thereon separately and thus it is the common case of the parties that there were two different tenancies. The shop was let out on a monthly rent of Rs. 70/- whereas the Chaubara was let out subsequently in a monthly rent of Rs. 75/-. Later on, with respect of the Chaubara, in dispute, an application for fixation of fair rent was filed by the landlord on 22.11.1977. The Rent Controller fixed Rs. 125/- per month as fair rent on 3.5.1980 with effect from the date of application, i.e. 22.11.1977. Appeal and Revision against such order of the Rent Controller were dismissed. In the High Court Civil Revision No. 2528 of 1980 was filed, which was ultimately dismissed on 29.4.1982. At the time of motion hearing on 30.10.1980, operation of the impugned order was stayed, which later on was vacated on 27.11.1980 and the tenant was allowed one month's time therefrom to make the payment of arrears of rent. These facts are not disputed.

(3.) THE landlord moved a second ejectment-application on 5.10.1981 on the sole ground of non-payment of arrears of rent, seeking ejectment of the tenant. In this application, the landlord claimed arrears of rent from 1.1.1981 to 31.10.1981. According to the landlord, the tenant was liable to pay Rs. 1950/- as the rent and Rs. 243/- as house-tax plus interest to be determined by the Rent Controller. In this petition, 12.11.1981 was the first date of hearing. The tenant tendered a sum of Rs. 1463.75 p. on the first date of hearing, which included the interest and the costs. He paid rent of the Chaubara at the rate of Rs. 75/- per month. In the second application, the tenant also took an objection that joint application as such was not maintainable in respect of the two separate tenancies. Both these applications were decided separately but were disposed of on one date by the Rent Controller, vide judgment dated 30.12.1982. In the first ejectment application, the learned Rent Controller found that the tenant has not paid full rent to the landlord and the tender made by him was also short and, accordingly, eviction order was passed. Similarly, in the second application, it was held that the tender was short but as regards the other issue, whether the joint application was maintainable or not, it was not pressed before the Rent Controller. In appeal, the learned Appellate Authority affirmed the finding of the Rent Controller on the question of short tender. On the question of maintainability of the joint application, the Appellate Authority relied upon a judgment of this Court rendered in Govind Ram v. Godha Ram, 1979(2) RCR 225 : 1979(2) Rent Law Reporter 172, and came to the conclusion that one application against both the Chaubara and the shop was maintainable. Consequently, eviction was maintained. Dissatisfied with the same, the tenant has filed these two petitions in this Court.