MEHAR CHAND Vs. RAMESH CHAND

JUDGEMENT

(1.) This is a tenant's revision and has been directed against the judgment dated 20.1.1983 passed by Appellate Authority, Annual, who affirmed the order of the learned Rent Controller dated 25.7.1981, vide which the ejectment of the petitioner was ordered on the ground of invalid tender.

(2.) In this case the dates are very material, which I will try to give in the subsequent portion of this judgment.

(3.) The facts of the case are that the respondent-landlord are the successor-in-interest of one Siri Chand Aggarwal, who was the owner and landlord of the demised premises consisting of a commercial shop bearing property No. B-5-IS-132 situated within the municipal limits of Narnaul, as detailed in the head-note of the petition. The shop was in occupation of appellant Maher Chand as a tenant under the aforesaid Siri Chand on a monthly rent of Rs. 10/-, which was enhanced to Rs. 25/- per month w.e.f. 11.7.1974 under the appropriate orders dated 11.1.1977 passed by the Appellate Authority. However, the appellant-tenant did not feel happy about the order and he went in revision before the Financial Commissioner, Haryana, who vide order dated 8.2.1977 suspended the operation pending decision of the revision. Meanwhile, on 13.1.1977, the landlord filed a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as 'the Act") on the ground of non-payment of rent and claimed rent from 11.7.1974 to 10.1.1977 @ Rs. 25/- per month. In the ensuing proceedings, the tenant appeared before the Rent Controller on 28.1.1977 and moved a written application seeking adjournment on the ground that he had not been able to obtain a certified copy of the order of the Appellate Authority till then, enhancing the rent from Rs. 10/- to Rs. 25/- per month. The learned Rent Controller adjourned the case for 3.2.1977 and on that day assessed an amount of Rs. 618/- including Rs. 55/- as interest and Rs. 30/- as costs of the proceedings, which wore required to be paid by the tenant. But no money was tendered on that day and the proceedings were adjourned to 17.2.1977 for filing of written statement.