- (1.)The point that arises for consideration in this appeal is, whether the first appellant, a tenant, can avail protection of the first proviso to Section 13(2) of the Haryana Urban (Control of Rent and Eviction) Act, 1973, on payment of the arrears of rent and other amounts specified therein by the third appellant, his son.
(2.)This appeal is from the order of the High Court of Punjab and Haryana at Chandigarh dismissing the appellants' Civil Revision No. 2864 of 1998 on March 18, 1999. Appellant Nos. 1 and 2 are brothers and are tenants of a shop bearing No. 680.17 situated in Prem Market, New Subzi Mandi Road, Kaitahal (for short, 'the premises'). The respondent is the landlady of the premises. On July 1, 1990, a rental agreement was executed between the respondent and appellant Nos. 1 and 2 agreeing to let out the premises on a monthly rent of Rs. 750/- plus house tax. Appellant No. 3 who is the son of appellant No. 1, has been residing with him and helping him in his business. The respondent filed eviction petition on the ground of non-payment of rent of the premises from October 1, 1995 till the date of filing of the case on December 6, 1995 under Section 13(2) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short, 'the Act').
(3.)The appellants contested the case. Appellant No. 3 paid the arrears of rent for the said period together with other specified sums. The respondent accepted the same without prejudice to her rights. The appellants contended that it was a valid tender on behalf of the first appellant.