SHABUDIN Vs. NARINDER MALHOTRA

JUDGEMENT

(1.) The present petition has been filed impugning the order dtd. 6/11/2017 of the learned Rent Controller, Chandigarh, whereby the petitioner has been directed to vacate the premises within two months for failure to deposit the provisional assessed rent. Also impugned is the order dtd. 22/2/2018 of the Appellate Authority, Chandigarh, whereby the appeal of the petitioner against the aforesaid order has been dismissed.

(2.) The respondent filed a petition for ejectment of the petitioner from the tenanted premises described as Room No.6 alongwith and within open space of 33 ft. x 40 ft. at the rear portion of showroom No.7, Sector 7- C, Chandigarh. Vide his order dtd. 4/10/2017, the learned Rent Controller assessed the provisional rent at Rs.2,00,248.00 and adjourned the case to 2/11/2017 for tendering the assessed provisional rent.

(3.) The case of the petitioner is that on 2/11/2017, the Rent Controller was not holding court. The case was listed before lunch on 2/11/2017 before the Duty Magistrate, who had been assigned the work of the Rent Controller. The petitioner was blessed with a son on 30/10/2017 and had remained busy in the hospital. Therefore, he sought extension of time for deposit of provisional rent when the case was called before lunch and an application dtd. 2/11/2017 (Annexure P-2) for extension of time to deposit rent was filed and the case was adjourned to 6/11/2017. However, on advise of his counsel, the petitioner prepared a draft of Rs.2,00,250.00 on 2/11/2017 in the name of the respondent. The draft was ready at 2.29 P.M. as per the certificate (Annexure P-7) issued by the HDFC Bank, Sector 8-C, Chandigarh. Immediately, thereafter he went to the Duty Magistrate along with his counsel and requested the Duty Magistrate to accept the draft. However, as the case had already been adjourned to 6/11/2017, the learned Duty Magistrate did not accept the draft and asked him to tender it on the adjourned date.