- (1.) This is tenant's revision petition challenging the impugned judgment dated 2.6.2010 of the Appellate Authority whereby while accepting the appeal of the respondent-landlord against the dismissal of ejectment application by the Rent Controller, eviction of the petitioner has been ordered for non-payment of rent as assessed provisionally.
(2.) Shorn of unnecessary details, it is suffice to say that the respondent- landlord has sought ejectment of the petitioner on the ground of non-payment of rent for the demised premises. The Rent Controller vide order dated 13.10.2008, assessed the arrears of rent along with costs as well as interest totalling to Rs. 70,455/- and fixed 8.11.2008 for making of tender. On 8.11.2008, the following order was passed : Present : Sh. R.C. Gupta, Adv. For applicant. Sh. R.K. Mehra, Adv. For respondent. Payment of rent not tender. On request, adjourned to 11.11.2008 for tender the amount of Rs. 70,455/-. Sd/- R.C. ASR 8.11.2008
(3.) It is not in dispute that the petitioner tendered the whole amount of provisional assessed amount on 11.11.2008. The Rent Controller dismissed the ejectment application observing as under: The petitioner has demanded the arrears of rent w.e.f. 1.7.2006 onwards till date @ Rs. 2676.64 per month and w.e.f 1.7.07 @ Rs. 2783.70 per month. Respondent while appearing in the court tendered the rent w.e.f. 1.7.2006 to 30.6.2007 @ Rs. 2676.34, w.e.f. 1.7.07 to 30.5.2008 @ Rs. 2783.70 along with interest Rs. 7215/- and Rs. 500/-as cost totaling amount of Rs. 70455/- vide order dated 11.11.2008 rent was tendered by the respondent as assessed by the court. So far as the question of tendering the rent is legal and valid is concerned, the respondent was ordered to be tendered the rent on 8.11.2008 and the same was tendered on 1.11.2008. So the rent tendered by the respondent is legal and valid. Hence, in view of my above discussion, both these issues are decided against the applicant and in favour of respondent.;