- (1.) Chuni Lal respondent is the tenant of the shop in dispute at Panipat of which Jaswant Singh petitioner is the landlord, Chuni Lal paid Rs. 7/- per month as rent. On November 7, 1973. the petitioner applied to the Rent Controller for fixation of fair rent of the shop and the latter vide order dated June 24, 1977, fixed it at Rs. 75/- per month from the date of the application, in addition to any other tax etc. Chuni Lal filed an appeal against the order of the Rent Controller and the appellate authority vide order dated October 17, 1977, dismissed the same. Civil Revision No, 788 of 1979 filed by Chuni Lal also met the same fate,
(2.) On June 30, 1977, Jaswant Singh petitioner filed a petition !or ejectment of Chuni Lal respondent from the shop in dispute on various grounds including the one for non-payment of arrears of rent. Chuni Lal tendered arrears of rent for three years i. e. from June 6, 1974 to June 5, 1977. An objection was raised by the petitioner that the tender was invalid inasmuch as it should have been made with effect from Nov. 7, 1973, on which date he had applied to the Rent Controller for fixation of fair rent end with effect from which date the fair rent had been fixed. The learned Rent Controller vide order dated April 2, 1879, overruled the objection end held that the tender made by Chuni Lal respondent was valid It is against this order that the Present revision is directed.
(3.) Section 13 of the Haryana Urban Control of Rent and Eviction) Act, 1973 (hereinafter the Act) contains the grounds on which a tenant can be evioted at the instance of the landlord. section 13(2)(i) reads:-- "(i) that the tenant has not paid of tendered the rent due from the in respect of the building or rented land within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement by the last day of the month next following that for which the rent is payable; Provided that if the tenant, within s period of fifteen days of the first hearing of the application for ejectment after due service, pays or tenders the arrears of rent and interest, to be calculated by the Controller, at eight per centum per annum on such arrears together with such costs of the application, if any, as may be allowed by the Controller, the tenant shall be deemed to have duly Paid or tendered the rent within the time aforesaid: Provided further that the landlord shall not be entitled to Claim arrears of rent for a period exceeding three years immediately Preceding the date of application under the provisions of this Act";