Om Parkash vs Shri Matu Ram Trust and Others

S.K. Jain, J.—Ram Parkash petitioner was a tenant in a shop under Shri Matu Ram Trust. On an application u/s 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the Act), the eviction of the tenant was ordered by the Rent Controller on the ground that, the tender of arrears of rent was short. The said order of May 30, 1991, was challenged by the tenant in appeal which was dismissed by the Appellate authority, Jind on March 5, 1992. The said judgment of the Appellate Authority has been challenged in this revision petition.

In order to find out as to whether the findings of the lower courts to the effect that the tender was short, it is expedient to consider the following facts :-

(i) Vide order dated 4th September, 1986 the Appellate Authority under the Act had fixed fair rent of demised shop at the rate of Rs. 145/- per month with effect from 1st of April, 1983.

(ii) The said order of September 4, 1986, was challenged in a revision before this court by the landlord and the tenant had also filed cross-objections.

(iii) During the pendency of the said litigation petition u/s 13 of the Act seeking eviction of the petitioner inter alia on the ground of non-payment of rent was filed on 19.8.1989 by the landlord.

(iv) In these proceedings it was found by the Rent Controller that the rent tendered was short in as much as the tenant had tendered the rent at the rate of Rs. 50/ per month for the period w.e f. 1.9.1988 to 13.8 1989 although the landlord had claimed the said arrears at the rate of Rs (sic) per month on the basis of fair rent fixed by the Appellate authority as mentioned hereinbefore.

(v) It is also a fact that this court had not granted any stay of the operation of the order of the Appellate Authority fixing fair rent.

In view of the above facts, it is evident that tender of arrears of rent at the rate of Rs. 50/- per month was certainly short as the order of the Appellate Authority fixing the fair rent at the rate of Rs. 145/- per month was in force on that date. After dismissal of his appeal, the tenant had deposited Rs. 225/- towards arrears of rent at the rate of Rs. 145/- less rent at the rate of Rs. 50/- per month already tendered before the Rent Controller. But it would not make the tender legal- Besides, what has been stated above, it is admitted on both ends that the revision petition of the landlord and the cross- objections of the tenant against the order of the Appellate Authority fixing fair rent have been dismissed by this Court on 22nd of January, 1992.

In view of the above discussion, no impropriety, material irregularity or illegality can be found in the impugned judgment which is hereby affirmed.

Consequently, this revision petition fails and is hereby dismissed. The tenant is, however, allowed two months time from today to vacate the demised shop and put the landlord in possession thereof.