NARINDER NATH Vs. BABU RAM

JUDGEMENT

(1.) THE demised house is situated on Commercial Road of Ambala Cantonment, according to the clear statement in paragraph 1 of the eviction application of the landlord, which fact was admitted in the written reply of the tenant So the demised house is situated within Ambala Cantonment.

(2.) THE landlord sought eviction on the ground of non -payment of arrears of rent, and he succeeded both before the Rent Controller and the appellate authority on the ground that the tender made by the tenant being conditional did not fulfil the requirements of proviso to clause (i) of section 132 of the East Punjab Urban Rent Restriction Act, 1949 (East Punjab Act No. III of 1949). This is a tenant's revision application against the order of the appellate authority upholding his eviction from the demised house and the order of the Rent Controller.

(3.) NOBODY appears on behalf of the respondent, landlord inspite of service, but in view of the decision of their Lordships of the Supreme Court in the case must cited above, the orders of the authorities below cannot be maintained. So this revision application of the tenant is accepted, the orders of the authorities below are reversed, and the eviction by the landlord is dismissed, but in the circumstances of the case, their is no order in regard to costs, and particulars as nobody on the side of the landlord appears, at this stage, to contest this application.