NEELAM SINGHA Vs. BAWA JUNG BAHADUR

JUDGEMENT

(1.) This revision petition is directed against the order dated 7.9.2018 passed by the learned Rent Controller, whereby he dismissed the objections filed by the tenant/petitioner by holding that the deposit of arrears of rent made by her in the court was not valid and legal and consequently ordered issuance of warrant of possession against the tenant.

(2.) The parties shall be referred to as the "landlord" and "tenant".

(3.) The facts lie in narrow encompass. The landlord filed eviction petition No. 135/2 of 2015/2012 and the same was dismissed by the learned Rent Controller vide order dated 21.1.2017. In appeal preferred by the landlord, the learned Appellate Authority set aside the order of the learned Rent Controller vide order dated 27.7.2017 and allowed the eviction petition on the ground of non-payment of rent, which was quantified at Rs.14,774/-. It was further ordered that the order of eviction would not be available for execution in case the arrears of rent are deposited within one month. The tenant deposited the arrears of rent within the stipulated period before the learned Rent Controller vide draft dated 18.8.2017. But, despite this deposit, the landlord filed an execution petition against the tenant on the ground that she had not given notice regarding deposit of the arrears of rent.