CHAMAN THAKUR Vs. RANDHIR RANA

JUDGEMENT

(1.) Instant revision petition filed under S.24(5) of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter, ‘Act') lays challenge to order dated 17.12.2019 passed by learned Additional District Judge-I-cum-appellate authority, Shimla in Rent Appeal No. 69 of 2018, titled Chaman Thakur vs. Randhir Rana, affirming the order dated 13.11.2018 passed by learned Rent Controller, Court No.3, Shimla, whereby an application under S.21 of the Act read with Rule 8 of the Himachal Pradesh Urban Rent Control Rules, 1990 (hereinafter, ‘Rules') having been filed by the petitioner-tenant, seeking therein permission to deposit the rent in the court, came to be dismissed.

(2.) On taking cognizance of the grounds taken in the revision petition, this Court issued notice to the respondent vide order dated 5.11.2020, but despite service, he has chosen not to come present, as such, he is ordered to be proceeded against ex parte.

(3.) Having heard learned counsel for the petitioner and perused the material available on record vis-à-vis the reasoning assigned in the impugned order, this Court finds that since the respondent-landlord (hereinafter, ‘landlord') refused to accept the rent from the tenant and also withheld water supply, tenant allegedly made an attempt to give cheque amounting to Rs. 32,000/- to the landlord on account of arrears, which he refused to accept. Since the landlord refused to accept the cheque amounting to Rs. 32,000/- on account of arrears of rent, tenant by way of petition under S.21 of the Act, sought permission of the learned Rent Controller, Court No.3, Shimla to deposit an amount of Rs. 32,000- in the court by way of demand draft. Since, aforesaid application having been filed by the tenant came to be rejected, petitioner has approached this Court by way of instant proceedings.