JOGINDER PAL Vs. VIDYAWANTI

JUDGEMENT

(1.) This is a revision petition filed by Joginder Pal (hereinafter described as 'the petitioner') directed against the judgment of the Appellate Authority, Rohtak dated September 18, 1997. By virtue of the impugned judgment, the learned Appellate Authority had set aside the order passed by the learned Rent Controller dated October, 17, 1994. An order of eviction was passed against the petitioner giving the petitioner two months' time to vacate the property.

(2.) The relevant facts are that respondent Smt. Vidya Wanti had filed an application for ejectment against the petitioner with respect to the property in dispute. The grounds of eviction taken were that petitioner has not paid the arrears of rent with effect from February 1985, has materially impaired the value and utility of the premises in dispute and also has made alterations without the permission of the landlord. It had also been alleged that petitioner had occupied a residential quarter and is liable to be evicted. The petitioner-tenant contested the petition. In the written statement filed, it was asserted that the respondent had filed a similar application on the same grounds, which was dismissed by the Rent Controller on May 31, 1991. The appeal against the said order was dismissed by the Appellate Authority. The second application was stated to be not maintainable. According to the petitioner, agreed rate of rent was not Rs. 700/- per month, but was Rs. 300/- per month. The house tax was not to be paid by the petitioner. It was denied that arrears claimed were due. The petitioner pointed that he tendered the rent from August 1, 1991 to February 28, 1993 at the rate of Rs. 300/- per month along with interest of Rs. 300/- and cost of Rs. 100/- assessed by the court on February 2, 1993. The respondent-landlord refused to accept the same. The petition, therefore, deserves to be dismissed.

(3.) Before the learned Rent Controller, the respondent had given up all other grounds of eviction except the ground of non-payment of rent. It had been alleged that the tender made by the petitioner was short and that it had not been made within the stipulated period. In this regard, an issue was framed. The learned Rent Controller held that agreed rent was Rs. 300/- per month and that the arrears of rent were tendered within 15 days, as contemplated under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, from the first date of hearing and, therefore, the ground of eviction did not subsist. Accordingly, the eviction application was dismissed. Aggrieved by the same, the respondent had preferred an appeal. The learned Appellate Authority set aside the order of the learned Rent Controller and held that within 15 days of the first date of hearing, after the petitioner had been served, the arrears of rent had not been tendered. It was held that the petitioner had been served much before February 2, 1993 when tender of rent was effected and it is in this backdrop that the findings returned were, as mentioned above that rent had not been paid within 15 days of the first date of hearing and an order of eviction, therefore, was passed. Aggrieved by the same, the present revision petition has been filed.