KUNAL KAPOOR Vs. VIJAY KUMAR VERMA

JUDGEMENT

(1.) The present petition has been filed by the petitioner/ tenant, challenging order dtd. 8/6/2023, passed by the learned Appellate Authority-II, Solan, District Solan, H.P., in Rent Appeal No.4-S/14 of 2023/20, titled Kunal Kapoor vs. Vijay Kumar Verma, whereby, order dtd. 21/8/2019, passed by the learned Rent Controller, Solan, in Execution Petition No.27/10, Vijay Kumar Verma vs. Kunal Kapoor, was upheld.

(2.) The brief facts giving rise to the present case, are that an eviction order had been passed against the present petitioner vide judgment dtd. 25/8/2011. The operative part of the same is as follows:-

(3.) In pursuance to the aforesaid, an execution petition was filed by the Decree Holder. The only question, which arose for consideration before the Courts below was, as to whether, the petitioner/Judgment Debtor had paid the arrears of rent, in accordance with law or not. In the case at hand, in the first instance, an application for deposit of the arrears was made before the Rent Controller on 24/9/2011. A perusal of the application categorically reflects that no effort was made by the petitioner to pay the arrears of rent to the landlord in the first instance. Yet, another fact to be noticed is that the aforesaid deposit was made in the Court on 24/9/2011 by way of a Bank Draft issued in the name of the Rent Controller. The same was deposited in the Treasury on 26/9/2011, as on 25/11/2011 was a Sunday. It is an admitted fact that no intimation of the deposit was given to the landlord by the present petitioner.