SEWATI DEVI Vs. TULSI RAM

JUDGEMENT

(1.) THIS revision petition is directed against the order of the Appellate Authority which, on appeal, set aside the order of the Rent Controler dated December 17, 1988 dismissing the eviction application in default and remanded the case to him to decide it on merits after recording evidence.

(2.) THE facts : The petitioner-landlady sought ejectment of her tenant on the ground of non-payment of rent for the period August 1, 1984 to September 30, 1987. She claimed arrears of rent at the rate of Rs 90/- per mensem, The tenant, after service, put in appearance and filed written statement pleading that the rate of rent was Rs 40/- per mensem and not Rs. 90/- per mensem as alleged by the landlady. As a matter of abundant caution he tendered the arrears of rent at the rate of Rs. 90/-per mensem on the first date of heating. The petitioner accepted the arrears of rent and stated that she did not want to prosecute the eviction petition and the same be dismissed. However, the Rent Controler disallowed the request of the petitioner and framed the following issues : 1. What is the rate of rent ? OPP 2. Relief. The petitioner again made a statement that she did not want to pursue the eviction application. The tenant's request to adjudicate upon the rate of rent was not acceded to by the Rent Controller and the eviction application was dismissed in default.

(3.) THE tenant successfully challenged the order of the Rent Controller before fore Appellate Authority, which accepted the appeal and remandad the case to the Rent Controller as indicated earlier.