HANS RAJ KHIMTA Vs. KANWALJEET KAUR

JUDGEMENT

(1.) Petitioner who is the landlord filed a petition for ejectment against the respondent/tenant, inter alia on the ground of non payment of rent under the provisions of Sec. 14 of the Himachal Pradesh Urban Rent Control Act, 1987 (hereinafter referred to as the "Act"). Such petition stood decided by the Rent Controller, Solan, Distt. Solan, H.P. vide order dated 23.7.2009 passed in Rent Petition No. 14/2 of 2007, titled as Hans Raj Khimta v/s. Smt. Kanwal Jeet Kaur alias Sardarni Babli whereby the tenant was ordered to deposit the arrears of rent up to 31.7.2009. As per statutory requirement, needful was to be done within a period of 30 days. There is no dispute that the said order has attained finality. The amount due stood quantified by the Rent Controller. Undisputedly the tenant did not pay/tender the same to the landlord but instead deposited it with the Rent Controller vide cheque dated 13.8.2009. This was so done within a period of 30 days.

(2.) The issue which arises for consideration is as to whether such payment is a valid tender, entitling the tenant for the benefit of not being evicted, in terms of the third proviso of sub -section (2) of Sec. 14 of the Act, thus rendering the order of ejectment to be unexecutable?

(3.) For determining the controversy in issue, the relevant provisions of the "Act" (Section -14, Sec. 20 & Sec. 21) are reproduced as under: - -