NANHA Vs. CHANDGI RAM

JUDGEMENT

(1.) BY this common judgment both the revision petitions namely Civil Revision No. 898 and 4480 of 1997 can conveniently be disposed of together. The parties are identical and both the petitions pertain to the same premises. The orders of eviction were passed against the petitioner which were upheld by the Appellate Authority. Hence, the present revision petition.

(2.) THE respondent-landlord had firstly filed a petition, for eviction asserting that rent is Rs. 125/- p.m. The petitioner-tenant is liable to pay the rent and the house tax from 27.11.1985. The petition was filed on 1.8.1988. The other grounds of eviction had been taken but do not survive for purposes of the present revision petition. The petitioner appeared and tendered Rs. 4,375/- as arrears of rent from 27.11.1985 to 27.10.1988, Rs. 133.28 as house tax and an amount of Rs. 40/- as costs besides Rs. 525/- as interest on 3.10.1988. The house tax had been tendered under protest. The respondent accepted the said amount through his counsel. In the written statement filed the petitioner had denied that he was in arrears of rent or was liable to pay the house tax.

(3.) THE learned Rent Controller had held that petitioner was liable to pay the house tax. Since in the first petition for eviction referred to above, the house tax had been tendered, the same was dismissed. But in the second petition, the house tax had not been tendered. An order of eviction on the ground of non-payment of rent was passed. An appeal was preferred and the Appellate Authority agreed with the findings of the learned Rent Controller. It was held that there was deficient tender of rent on the first date of hearing in the subsequent petition for eviction filed on 1990. The petitioner was liable to pay the house tax and, therefore, the order of eviction on that count was maintained.