KAILASH KHANNA Vs. K.S. GOOLRY

JUDGEMENT

(1.) THE tenant-respondent has filed this revision against the orders of the Rent Controller and the Appellate Authority directing him to put the landlord in possession of the premises, namely, the first floor, Snow View, Circular Road, Simla-1.

(2.) THERE is no dispute before me that the building belongs to the petitioners and had been in the occupation of the tenant-respondent on a monthly rent of Rs. 111.34 plus a sum equal to 7 per cent of the municipal taxes due on the building. Eviction of the tenant was sought on the ground of arrears of rent for the period 1.8.1969 to 30.9.1971. The petition for eviction under section 13 of the East Punjab Urban Rent Restriction Act, 1949 was filed on 16.10.1971. The tenant filed a counter on 4.7.1972 denying the arrears of rent. The Rent Controller by his proceedings dated 5.4.1978 passed an order of eviction on the ground that the tenant was in arrears of rent as alleged in the petition for eviction. His appeal to the Appellate Authority was dismissed by order dated 28.10.1981 confirming the order for eviction passed by the Rent Controller.

(3.) THE East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Punjab Act) by section 13, enacts that a tenant in possession of a building or rented land shall not be evicted except in accordance with the provisions of the Act. Sub-section (2) of Section 13 enables the landlord to apply to the Controller for eviction of the tenant on the ground that he had not paid or tendered rent due in respect of the building or the rented land within 15 days after the expiry of the time fixed in the agreement of tenancy or in the absence of any such agreement by the last day of the month next following that for which the rent is payable. The proviso to clause (i) of sub-section (2) enables the tenant to pay or tender the arrears of rent with interest at six percent at the first hearing of the application and on such payment or tender, the tenant shall be deemed to have duly paid or tendered the rent within time. The expression Controller is defined in section 2(b) of the Act to mean any person who is appointed by the State Government to perform the functions of a Controller under the Act.