ABNASH CHANDER Vs. MULAKH RAJ

JUDGEMENT

(1.) THIS shall dispose of Civil Revisions No. 1006 to 1009 of 1981 preferred by the tenants. All these revision petitions were earlier allowed by me vide judgment dated 20,5. 1992. Against the said judgment, landlord filed Special Leave Petition in the Supreme Court. Special Leave was granted and vide judgment dated 15. 10. '993, the matter has been remanded to this Court for deciding the same afresh. This is how the revision petitions have been put up before me for disposal.

(2.) THE premises known as 'air Lines Hotel and Restaurant' - a three storeyed building - situated in Pathankot, is on rent with the tenant at the rate of Rs. 1600.00 per month and the tenancy starts from 28th of each month. The revision petitions arise out of four eviction applications filed by the landlord for the eviction of his tenant. The first eviction application No. 28 of 1975 was filed on 12. 6. 1975 on the ground of non-payment of rent with effect from 28. 1. 1975 to 28. 5. 1975. In the eviction application, house-tax was also claimed and was stated to be part of the rent. In this application, tenant was proceeded against ex-parte on 13. 9. 1975 and the case was adjourned to 23. 10. 1975 for ex-parte evidence. Before the ex-parte evidence could be led or eviction order could be passed, tenant filed an application on 1. 10. 1975 for setting aside the ex-parte proceedings. On 6. 10. 1975, ex-parte proceedings were set aside subject to payment of Rs. 15.00 as costs. On 8. 10. 1975, costs of Rs. 15.00 were paid and the case was adjourned to 23. 10. 1975. On 23. 10. 1975, Rent Controller assessed the costs of eviction application. On costs having been assessed, tenant tendered the arrears of rent together with interest and costs of the eviction application. On 10. 11. 1975, Rent Controller framed the issues, whereafter the parties led evidence in support of their claim. Rent Controller ordered the eviction of the tenant on the ground that the tender made by him on 23. 10. 1975 was invalid inasmuch as the tenant was required to tender the arrears of rent together with costs and interest on 6. 10. 1975, on which date ex-parte proceedings were set aside. In appeal by the tenant, the appellate Authority vide its judgment dated 2. 3. 1989 affirmed the judgment of the Rent Controller. In eviction applications No. 67 of 1975, 32 of 1976 and 60 of 1976, rent for the periods, 28. 5. 1975 to 27. 11. 1975, 28. 10. 1975 to 27. 5. 1976 and 28. 3. 1976 to 27. 10. 1976 respectively was claimed. In all these three eviction applications, not only rent was claimed at the rate of Rs. 1600.00 per month, but house-tax was also claimed. In these three eviction applications, initially ex-parte proceedings were taken against the tenant, but subsequently, on applications filed by the tenant for setting aside ex-parte proceedings, the same were set aside on 20. 2. 1976, 21. 9. 1976 and 27. 1. 1977. Tenant, on the dates the ex-parte proceedings were set aside, tendered the arrears of rent together with interest and costs assessed by the Rent Controller. Tenant however, did not tender the house-tax in eviction applications No. 67 of 1995 and 32 of 1976. In eviction application No. 60 of 1976, tenant tendered the house-tax with effect from 15. 6. 1976. Rent Controller as well as the appellate Authority ordered eviction of the tenant in the afore-mentioned three eviction applications on the ground that the tenant has failed to tender/pay house-tax on the first date of hearing. Hence, the four revision petitions by the tenants.

(3.) I have heard the learned counsel for the parties at length.