PREM CHAND Vs. AMAR NATH AND ORS.

JUDGEMENT

(1.) THE applicant is the tenant of the Respondents and has preferred this revision petition against the order of eviction passed by the Rent Controller and confirmed by the Appellate Authority on the ground of arrears of rent. Both the lower authorities have came to the conclusion that the rent deposited by the Petitioner on the first date of hearing is found short by Rs. 36.63 calculating the rent in arrears on the date of the institution of the petition and interest at the rate of six percent upto the first date of hearing plus costs including pleader's fees. According to the lower authorities the details of the payment which the applicant was supposed to make on the first date of hearing are as under:

(2.) IT is an admitted position that on the first date of hearing the Petitioner tenant tendered the total amount of Rs. 1052.50 on the following calculations:

(3.) SECTION 13 of the Act contemplates eviction of a tenant and Sub -section (2) thereof stipulates certain grounds on which eviction can be ordered by the Rent Controller. One of these grounds is the arrear of rent unpaid by the tenant. This ground is as under: