SANT RAM Vs. MANOHAR LAL AND ORS.

JUDGEMENT

(1.) This revision arises out of the order of Sub Judge (3), Shimla dated 14 -11 -1983 whereby the objections raised by the tenant in the execution application for eviction have been dismissed.

(2.) Facts, brefeatly are that the landlord filed a petition for the eviction of the tenant before Rent Controller, Shimla for non payment of arrears of rent at the rate of Rs. 475/ - per annum in addition to municipal taxes. It was contested by the tenant and his case was that the annual rent of the premises is Rs. 340/ - exclusive of municipal tax and not Rs. 475/ - inclusive of municipal tax. The Rent Controller decided that rate of rent was Rs. 340/ - per annum besides taxes and it was found that the tenant was in arrears of rent, therefore, order for his eviction was passed. In accordance with the provisions of Sec. 14 (2) second proviso, the tenant deposited the arrears of rent along with municipal taxes, cost of the petition and interest within 30 days of the Court's order.

(3.) The matter was taken to the appellate Court by the landlord where the challenge was confined to the finding of the Rent Controller as to the rent for the premises. Accordingly, the matter was heard and decided in favor of the landlord as a result of which the tenant moved revision petition in this Court the same was dismissed. It is pertinent to say here that after the decision of the appeal by the appellate Court on 13 -4 -1979, the balance rent payment towards the rent was made on 21 -5 -1979. This being a delayed payment, the tenant rendered himself liable for eviction from the premises and with this end in view, the landlord moved execution proceedings before the Sub -Judge (3) Shimla, wherein number of objections were raised but the claim of the tenant was rejected, hence this appeal.