Manohar Lal vs Smt. Kaushalya Devi and Others

Vinod K. Sharma, J.

C.M. No. 13446-CII of 2005.

For the reasons stated in the application delay of 59 days in riling the revision petition is condoned.

The application stands disposed of.

C.R. No. 3518 of 2005.

This revision petition has been filed against an order passed by the learned Appellate Authority, Jind, ordering the eviction of the petitioner from the house in dispute on account of short tender.

The respondent-landlord had filed a petition u/s 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973 for eviction of the petitioner-tenant on account of non-payment of rent and the house-tax since 1.2.1992. Learned Rent Controller dismissed the rent petition by holding that the petitioner had tendered the rent in Court on 1.9.1994 which was accepted by the landlord under protest. However, he failed to produce evidence to show how the tender was short. The landlord filed an appeal against the said order before the learned Appellate Authority. The learned Appellate Authority, however, came to the conclusion that the tender was short and it also noticed that the same was accepted under protest and therefore, the appeal was accepted.

The learned Counsel for the petitioner contended that the order cannot be sustained in view of the authoritative pronouncement of the Hon''ble Supreme Court in Rakesh Wadhawan and Ors. v. Jagdamba Industrial Corporation and Ors. (2002) 131 P.L.R. 370 (S.C.) as in the present case neither the learned Rent Controller nor the learned Appellate Authority has assessed the rent payable along with costs and interests so as to enable the tenant to deposit the rent.

I find force in the contention of the learned Counsel for the petitioner. In view of the authoritative pronouncement by the Hon''ble Supreme Court in Rakesh Wadhawan''s case (supra) it was incumbent upon the Rent Controller/Appellate Authority to have made provisional assessment of rent along with costs and interests to enable the tenant to pay the same. It is only in case the said order was not complied with, the petitioner could be ordered to be evicted.

Accordingly, the order passed by the learned Appellate Authority is set aside and case is remanded back to the learned Rent Controller for assessment of rent along with costs and interest in terms of the judgment passed by Hon''ble Supreme Court.