R.L.ANAND, J. - (1.) THIS is a tenant's revision and has been directed against the judgment dated 4th September, 1982 passed by the Appellate Authority, Amritsar who dismissed the appeal of the tenant by affirming the order of ejetment dated 10th October, 1980 passed by the Rent Controller who ordered the eviction of Shri Darshan Singh petitioner.
(2.) SOME facts can be noticed in the following manner : Bhagat Devi Dass Hira Singh Charitable Trust, situated at Katra Ahluwalia, Amritsar through Shri Brij Mohan the Secretary of the said trust filed an ejectment application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the Act) and it has been alleged by the landlord that he had field a similar application against the tenant on the ground that he had failed to pay arrears of rent w.e.f. 18.4.1970 to 17.7.1972 i.e. for 27 months at the rate of Rs. 20/- per month and he required the premises for a bonafide purpose for opening a free hospital for the medical service to the public at large. The arrears were paid along with interest and costs on the first date of hearing but the application was allowed on other grounds. An appeal preferred against the said order was dismissed. Thereafter revision was filed by the tenant in the High Court and the case was remanded to the Rent Controller. According to the landlord, the tenant has not paid the arrears of rent w.e.f. 18.7.1972 to 17.2.1980 i.e. for 91 months at the rate of Rs. 20 per month. It was further pleaded by the landlord that so far other grounds of ejectment are concerned, he would be bound by the decision of the previous rent application.
(3.) NOTICE of the petition was given to the tenant who appeared before the trial Court and tendered the arrears of rent for the period from 18.7.1972 to 31st March, 1973 i.e. for the nine months amounting to Rs. 180/-. He further stated that the rental for the period from 1.4.1973 to 31.12.1979 has been deposited in the Court of Shri P.S. Ahluwalia, Rent Controller, Amritsar. However, the rent for the period 1.1.1980 to 30.4.1980 amounting to Rs. 80, Rs. 160 towards interest and Rs. 30/- as costs totaling Rs. 450/- were tendered on the first date of hearing. The tenant also took the stand that he had deposited the arrears of rent for the earlier period under the directions of the Hon'ble High Court dated 30.11.1976. His tender was accepted by the landlord under protest, as a result of which the following issues were framed by the learned Rent Controller : 1. Whether the respondent has made valid tender, if not, its effect ? OPR 2. Relief. ;