- (1.) Smt. Parkash Wanti and her husband Kirpa Ram took a shop on lease from Smt. Sheela Wanti at a monthly rent of Rs. 142/- on the 17th of October, 1963. Both of them executed a rent note on that date.
(2.) The landlady filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, (hereinafter called 'the Act') for eviction of her tenants Smt. Parkash Wanti and Kirpa Ram inter alia on the grounds (a) for non-payment of arrears of rent for the period from first of September, 1969 to the 31st of October, 1961), amounting to Rs. 1988/- ; (b) the tenants had committed acts of nuisance because of which the landlady contracted bronchitis which ultimately developed into asthma and (c) they had materially impaired the value and utility of the premises by opening the intervening wall between the demised shops. The Rent Controller issued notices to both Smt. Parkash Wanti & Kirpa Ram; Kirpa Ram respondent, was personally served by the process server. However, Smt. Parkash Wanti was not served. The process server reported that she had refused to accept the summons and on her refusal to accept the summons, he effected to substituted service upon her by pasting copies of the summons and the application on the door of her house. However, this part of the case regarding service of Smt. Parkash Wanti has not been believed by the learned Appellate Authority. Kirpa Ram had been served with summons which required him to appear before the Rent Controller on the 15th of November. 1969. He alongwith Smt. Parkash Wanti appeared before the Rent Controller on the 15th of November, 1969. They requested for a copy of the application and a direction was given by the Rent Controller that a copy of the application be supplied to the respondents. The case was adjourned to the 21st of November, 1969. The interim order passed on that day reads as under :-
(3.) "The respondents are stated to have not received the copy of the plaint. The same be supplied to him, To come up for reply on 21st November, 1969, and copy be supplied within 2 days." The parties appeared in Court on the 21st November 1969. The Rent Controller assessed the costs at Rs. 20/-. Shri R. P. Arora, counsel for the tenants, tendered Rs. 1988/- as arrears of rent, plus Rs. 89. 46 Piase as interest and Rs 20/- as costs. This money was accepted by Shri D. V. Sehgal, the learned counsel for the petitioner under protest, because, according to him the arrears had not been tendered on the first date of hearing. The Rent Controller came to the conclusion that the first date of hearing in the petition was 21st of November, 1969 and not 15th of November, 1969. On that date, the arrears of rent, interest and costs had been tendered and it was a valid tender. The other issues were also decided against the petitioner. land lady and the application for ejectment was dismissed.;