MOHINDER SINGH Vs. BADRI NATH

JUDGEMENT

(1.) This revision petition under Section 24(5) of the H.P. Urban Rent Control Act, 1987 (hereinafter referred to as Rant Act) is directed against the order of the learned Appellate Authority, Una dated 3.8.1998.

(2.) In order to appreciate the controversy, facts relevant for the purpose of disposal of this revision petition may be noticed thus: - Badri Nath (hereinafter referred to as the landlord), respondent in this petition, is the owner of Shop No.2400 at Main Bazar, Una. these premises are tenanted by Mohinder singh, petitioner in this petition and hereinafter referred to as the tenant. The premises were taken on rent by the tenant in the year 1968 at a monthly rental of Rs.50/ - per month alongwith house tax of Rs.54/ - per annum. Landlord filed a petition under Section 14(2)(i) of the Rent Act for the eviction of the tenant on the ground of non -payment of rent due from the tenant on 5.9.1992. According to the landlord, the tenant failed to pay the tent from December, 1987. The tenant was informed that he is liable to pay rent w. e. f. 1.10.1987 in accordance with the provisions of Section 5(2) of the Rent Act. It is further case of the landlord that the tenant inspite of demand did not pay the rent and told the landlord that he would ascertain the correct position from his lawyer and pay the rent only upto 30.11.1987. The landlord in his petition calculated the rent due taking into consideration the increase in rent contemplated under Section 5(2) of the Rent Act.

(3.) In reply, filed on behalf of the tenant, the petition is resisted. The case of the tenant is that the landlord had threatened the tenant with eviction. It is further case of the tenant that the landlord did not accept the rent inspite of the request made by the tenant. It is pleaded that the rent was paid to the landlord through the Rent Controller and the rent stands deposited upto 31.8.1992. In the rejoinder filed by the landlord, it is pleaded that the tenant has not paid the rent due w. e. f. 1.12.1987 and late deposit of the rent with the Rent Controller if any, is illegal and invalid.