R.L.ANAND, J. - (1.) THIS is a landlord's revision petition and has been directed against the order dated 16.11.1999 passed by the Appellate Authority, Chandigarh, who affirmed the order dated 31st October, 1998 passed by the Rent Controller who dismissed the petition of the petitioner under Section 13 of the East Punjab Urban Rent Restriction Act (hereinafter called the 'Act') as applicable to Chandigarh.
(2.) BRIEF facts of the case are that Shri Ujjagar Singh filed a petition under Section 13 of the Act against Shri Sadhu Ram on the ground of non-payment of rent and it was alleged by the petitioner that he rented out the premises to the tenant on a monthly rent of Rs. 700/- per month excluding water and electricity charges. The respondent-tenant is liable to be evicted from the demised premises as he had neither paid the rent nor tendered the arrears of rent w.e.f. March, 1990 in spite of the fact that he had served a legal notice upon the tenant to pay the arrears of rent. Notice of the petition was given to the respondent-tenant, who filed the written statement and denied the allegations. According to the tenant, the premises was given on rent in the year 1964 on a monthly rent of Rs. 33/- and lateron the rent was enhanced to Rs. 100/- per month. On merits, the stand of the tenant was that he has paid the arrears of rent up to July 1997. The petitioner who claimed excessive rent, he has already paid Rs. 6600/- at the rate of Rs. 100/- per month. The excess rent paid by him might be adjusted against the future rent. The demised premises never rented for Rs. 700/- per month. He had already deposited an excess amount of rent which was liable to be refunded to him. On the other hand, the tenant prayed for the dismissal of the rent petition. The petitioner filed a rejoinder, who denied the allegations of the respondent.
(3.) ON the pleadings of the parties, the Rent Controller framed the following issues :- 1. Whether the rent tendered is short and invalid ? OPP 2. Whether the petitioner has not come to the Court with clean hands ? OPR 3. Relief. ;