SHIV KUMAR Vs. MOHD. HANIF

JUDGEMENT

(1.) This revision petition arises out of a petition filed by the petitioner-landlord (hereinafter referred to as "the landlord") for the eviction of the respondent-tenant (hereinafter referred to as "the tenant") under the Himachal Pradesh Urban Rent Control Act, 1971. A few facts relevant to decide this revision petition may be stated. The landlord filed an application that the respondent be evicted from the premises as he had failed to pay rent with effect from Aug., 1982 to March, 1983 in respect of the premises dispute. The tenant, inter-alia, however, had contended that the amount the rate of Rs. 60.00 per year for the repairs of the premises incurred by him, the last about ten years be adjusted towards the rent.

(2.) The only point that has been stressed on behalf of the landlord is that since the tenant was in arrears of rent, he was liable to be evicted. The Rent Controller passed an order of eviction against the tenant on the ground of non-payment of arrears of rent at the rate of Rs. 60.00 per month from Aug. 82 to March 31, 1983 along with interest and costs, which were assessed at Rs. 50.00 and interest at the rate of six per cent per annum. It was, however, ordered that in case this amount along with interest and costs was paid within thirty days the landlord will not be entitled to get the order of eviction executed.

(3.) It is not disputed that the tenant deposited a sum of Rs. 555.00 in compliance with the order of the Rent Controller, to avoid his eviction. The plea of the landlord is that since the tenant had failed to pay the full amount, he was liable to be evicted. It is emphasised by Mr. Goel, learned counsel for the landlord, that the amount deposited by the tenant was short of Rs. 6.69 paise though he had deposited a sum of Rs. 555.00. On this account it is contended that the tenant cannot avoid his eviction.