ASHOK KUMAR Vs. SAT PAL

JUDGEMENT

(1.) BY this common judgment all the three revision petitions No. 2831 to 2833 of 1997 can conveniently be disposed of together as the same are directed against the common judgment passed by the Appellate Authority, Hoshiarpur. By virtue of the same, the learned Appellate Authority dismissed the three appeals filed by the petitioners to be not maintainable.

(2.) THE relevant facts are that the respondent-landlord had filed three eviction petitions against the petitioners for their eviction from the premises. The ejectment was prayed on three grounds but presently we are concerned with the ground of non-payment of rent along with house tax. The petition had been contested by the petitioners. The arrears of rent were tendered on the first date of hearing and the question in controversy raised by the petitioners was with respect to the agreed rate of rent. The learned Rent Controller had framed an issue pertaining to the agreed rate of rent and returned the finding that rent is Rs. 300/- per month. Aggrieved by the same, the petitioners had preferred three appeals with the learned Appellate Authority.

(3.) THE sole controversy thus agitated by the learned counsel for the petitioner was that the appeal was maintainable against the order whereby the rate of rent has been decided because, according to the learned counsel for the petitioner, the said order had been passed under section 13 of the Act. The respondent's contention to the contrary was that even if some excess payment has been made, the remedy of the tenant was under section 8 of the Act.