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Judgment
Nawab Singh, J. (Oral)
Counsel heard.
When a tenant is sought to be evicted on the ground of nonpayment of rent, the arrears of rent and interest etc. shall be assessed by the Rent Controller. The tenant under the Scheme of the Act gets the concession of tendering such amount in the Court. As a consequence of which, the ground of nonpayment of the rent shall not be available to the landlord. It is open for the tenant to take the plea that he has already paid the rent and is not in arrears but he shall be doing so at his risk. The opportunity to tender has already been provided by the Rent Controller. It is for the tenant to tender or not to tender the amount assessed before the Rent Controller. There is absolutely no deviation from the prescribed procedure by the Rent Controller.
Whether rent has been deposited or not, it is still the option of the tenant, that is, the petitioner to tender or not to tender the amount assessed. The petition is, rather, misconceived and admits of no interference.
Dismissed.