SARUP LAL Vs. SUKHWINDER KAUR

JUDGEMENT

(1.) The present revision petition has been filed by Samp Lal, hereinafter described as "the petitioner" directed against the order of the learned Appellate Authority, Amritsar, dated 28.4.1999. By virtue of the impugned order, the learned Appellate Authority had set aside the order passed by the learned Rent Controller, Amritsar, dated 8.12.1995 and instead the petitioner was directed to be evicted from the suit premises.

(2.) The relevant, facts are that the respondents had filed eviction petition dated 24.7.1992 against the petitioner on the ground that he is in arrears of rent from 1.10.1990. The application was typed on 24.7.1992 but actually had been filed on 3.8.992. On being served with the summons, the petitioner appeared in the Court on 21.10.1992 and tendered the arrears of rent from 1.10.1990 to 31.7.1992. Needless to state that the agreed rent has been stated to be Rs. 84/- per month. The learned Rent Controller dismissed the petition holding that the interest calculated by the respondents at the time when the tender was made was excessive. The excessive payment can be adjusted in the arrears of rent. Accordingly, the eviction petition was dismissed.

(3.) In appeal, the learned Appellate Authority held that the tender made by the petitioner was short and invalid. On the first date of hearing, the petitioner tendered Rs. 1,848/- as rent from 1.10.1990 to 31.7.1992 at the rate of Rs. 84/- per month, Rs. 130/- as interest and Rs. 50/- as, costs. It was short by Rs. 3/-. Accordingly, holding that the tender was short, order of eviction was passed against the petitioner. Aggrieved by the same, present revision petition has been preferred.