SOM NATH Vs. SEWA RAM

JUDGEMENT

(1.) ORDER:- The petitioner Som Nath is the landlord and the respondent Sewa Ram is his tenant in respect of a residential set forming part of the premises known as'Som Niwas'. Situate in Ban Mohalla, Solan. The petitioner brought an action for ejectment of the respondent from the said premises u/s14 of the Himachal Pradesh Urban Rent Control Act, 1971, hereinafter referred to as'the Act', on the grounds of (i) non payment of arrears of rent (ii) personal requirement. The Rent Controller found that the respondent was liable for ejectment on both the above mentioned grounds and he, therefore, vide his order dt.29-4-1977 directed the respondent to put the petitioner-landlord in possession of the demised premises within three months from the date of his order. In view of the provisions of the first proviso to S.14 (2)(i) of the Act, however, the Controller observed in his order that the order of ejectment passed against the respondent on the ground of non-payment of arrears of rent would operate only if the respondent failed to pay the arrears of rent which were assessed at Rs.360/- plus interest at the rate of 6% per annum within one month.

(2.) The respondent, however, without depositing the arrears of rent in terms of the orders of the Rent Controller preferred an appeal before the Appellate Authority against that order. The learned Appellate Authority vide its order dt.16-8-1979 set-aside the order of ejectment passed against the respondent on the ground of personal requirement of the landlord. The order of ejectment passed on the ground of non-payment of arrears of rent was, however, maintained.

(3.) It was thereafter that the respondent-tenant deposited the arrears of rent along with the statutory interest on 29th Aug. 1979, that is, within one month of the order of the Appellate Authority.