LAWS(P&H)-1997-5-40

SUKHWINDER SINGH Vs. ASHOK KUMAR

Decided On May 20, 1997
SUKHWINDER SINGH Appellant
V/S
ASHOK KUMAR Respondents

JUDGEMENT

(1.) BEING aggrieved by the Appellate Authority's Order dated 29. 3. 1996, the tenant-petitioner filed Civil Revision No. 1609 of 1996 in the High Court.

(2.) BRIEF resume of the case is that the landlord-respondent filed an ejectment petition Under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (in short, 'the Act') against the tenant petitioner averring that the tenant is occupying the demised shop at a monthly rent of Rs. 650.00 under the rent note executed by him on 16. 2. 1987. The tenant has not paid rent and house-tax since 1. 5. 1994. Thus, his ejectment was sought on account of rental arrears.

(3.) ON December 12, 1994, the tenant-petitioner tendered rent at the rate of Rs. 650.00 per month and house tax at the rate of Rs. 90.00 per month for the period from 1. 5. 1994 to 31. 12. 1994, interest at the rate of 6 per cent per annum amounting to Rs. 15.00 and Rs. 100.00 as costs of litigation, totalling Rs. 6035.00 to the paid to the landlord-respondent. The Rent Controller held that the tenant has tendered excess rent, though the amount of interest is short, but it can be adjusted from the excess amount and hence, tender made by the tenant was not held to be short and invalid. Thus, the ejectment petition was dismissed.