R.L.ANAND, J. - (1.) THIS is a tenant's revision petition and has been directed against the order dated 15th November, 1994 who dismissed the application of the petitioner under Section 5 of the Limitation Act and consequently his appeal under Section 15 of the Haryana Urban Control of Rent and Eviction Act, 1973 (hereinafter referred to as 'the Act') was also dismissed, as a result of which the order of the Rent Controller who ordered eviction of the tenant was upheld.
(2.) SOME facts can be noticed in the following manner :- Shri Har Kishan Lal landlord filed a petition under Section 13 of the Act against Shri Kartar Singh Chawla and it was averred that he is owner/landlord of shop bearing No. 672/22 shown in red colour and marked as A.B.C.D. in the site plan Ex.P.3 on a monthly rent of Rs. 182.15 along with house-tax. It was further alleged by the petitioner that the respondent had not paid the arrears of rent from 1.4.1993 to 31.12.1993 besides costs, interest and house-tax. This revision was filed on 15.1.1994. Notice of the petition was given to the tenant who appeared and tendered the rent from 1.4.1993 to 31.12.1993 at the rate of Rs. 182.15 per month along with interest and costs as assessed by the Court, but the petitioner accepted the rent, interest and costs under protest on the ground that the house-tax was not paid by the tenant. Thereafter, the tenant did not appear. So the respondent was proceeded ex parte.
(3.) THE landlord gave ex parte evidence. He appeared as his own witness as P.W.1 and alleged that house-tax amounting to Rs. 26.25 was not paid by the tenant which was demanded vide registered notice Ex.P1. Relying upon the ex parte evidence, the learned Rent Controller vide order dated 28th May, 1994 allowed the ejectment petition and ordered the respondent to vacate the shop in dispute and hand over the actual physical possession to the landlord.;