RAJINDER SINGH VERMA Vs. JATINDER KUMAR SHARMA

JUDGEMENT

(1.) The instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dtd. 15/1/2019 passed by the learned Rent Controller, Yamuna Nagar for not permitting the tenant to deposit the rent in Court in proceedings filed under Sec. 13 of the Haryana Urban (Control and Rent and Eviction) Act (for short, the Rent Act).

(2.) Mr. R.K. Sharma, learned counsel appearing on behalf of the petitioner contends that the petitioner was a tenant of Sh. Vishnu Swarup Sharma in a shop situated at Jagadhri Road, Yamuna Nagar. After the death of Sh. Vishnu Swarup Sharma, his legal heirs became owners of the premises including his widow Mrs. Vidyawati and other sons. However, it was her son Jatinder Kumar who pursued the court cases and filed an eviction petition under Sec. 13 of the Rent Act on the ground of non- payment of rent from 1/9/2013 to 28/2/2015 claiming due arrears of rent amounting to Rs.78,120.00 along-with interest and cost.

(3.) Mr. R.K. Sharma, learned counsel appearing on behalf of the petitioner contends that earlier the petitioner had deposited rent under Sec. 6-A of the Rent Act in the name of Mrs. Vidyawati, the mother of the respondent-landlord. In the said rent petition, Mrs.Vidyawati had appeared and stated that the rent has been deposited in the name of a wrong person and an application filed under Sec. 6-A was disposed of. It is contended that the respondent Jatinder Kumar Sharma (now deceased) filed an eviction petition on the ground of non-payment of rent by the petitioner herein stating therein that the rent for the disputed period had already been deposited in the Court in proceedings under Sec. 6-A of the Rent Act in the name of Mrs. Vidyawati in which proceedings the petitioner had filed an application for deposit of rent and adjustment of rent.