- (1.)Leave granted.
(2.)Appellant, landlady, is aggrieved by the order of the High Court of Punjab and Haryana at Chandigarh in Civil Revision No. 4510 of 2000 dated 17th September, 2012. The said revision arose at the instance of the Respondent-tenant against the order of eviction passed by the Appellate Authority under the East Punjab Urban Rent Restriction Act, 1949, by which the Respondent herein was granted two months' time to vacate the premises and hand over possession to the Appellant herein.
(3.)By the impugned order, the High Court after making reference to the decision of this Court in Rakesh Wadhawan and Ors. v. Jagdamba Industrial Corporation and Ors, 2002 5 SCC 440 Bench insisted to apply the consequence of proviso to Section 13(2)(i) of the Act and extend an opportunity for clearing the arrears found due in the final adjudication of the rent proceedings by the lower authorities. While applying the ratio laid down by this Court in the above referred to decision, the learned Judge passed the following order:
The tenant shall be liable to pay all the rent payable from December, 1994 till date and the tenant shall give memo of statement giving the particulars of the amount due and the amounts actually paid or deposited which is a legal tender. The said calculation shall be rendered within 30 days from the date of receipt of copy of the order and delivered to the landlord within the time stipulated above. The petition for eviction is dismissed on the statement made that the entire amount has been deposited. If there is any default of arrears in the manner canvassed by the landlord, the landlord shall be at liberty to approach this Court for appropriate modification of this order. The order of eviction passed by the court below is set aside and the civil revision is allowed.