RAKESH KUMAR JAIN, J. - (1.) THE question of law involved in this revision petition is as to "whether the tenant is liable to be evicted on the ground of not tendering the provisional rent assessed by the Rent Controller on the stipulated date or the Rent Controller has the jurisdiction to extend the time for that purpose?
(2.) IN brief, the landlord filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short "the Act"] seeking eviction of the respondents/tenants from the second floor (front portion) of SCO No. 33, Sector 41-D, Chandigarh (measuring about 510 Sq. Ft.). It was alleged that the tenants were inducted in the demised premises vide lease deed dated 01.07.2005 but they remained in arrears of rent, as a result of which, their eviction was sought, inter alia, on the ground of non-payment of rent. The learned Rent Controller, vide its order dated 22.01.2009, assessed the provisional rent by calculating it w.e.f. November, 2007 till date @ Rs. 5,250/- per month alongwith interest @ 6% per annum and costs of Rs. 200/- and directed the tenants to tender it on 24.02.2009. On 24.02.2009, the following order was passed by the learned Rent Controller :- "Present: Sh. Rajesh Khurana, Cl. for the petitioner. Sh. Aman Kashayap, Cl. for the respondent. **** Rent not tendered. Adjournment prayed. Now to come up on 02.03.2009 for payment of rent. Sd/- CJ/RC/24.2.09." On the next date of hearing, i.e. 02.03.2009, both counsel for the parties suffered their respective statements, which are as under :- "Statement of Sh. Manish Joshi, Advocate, Counsel for respondent. I tender a sum of Rs. 89,250/- as rent for the period from November 2007 to March 2009 @ Rs. 5,250/- per month, interest of Rs. 7,590/- and costs of Rs. 200/-, total amounting to Rs. 97,040/- plus the rent form the month of April 2009, i.e. total amounting to Rs. 1,02,209/- as assessed by this Hon'ble Court, on 22.01.2009. RO&AC. Sd/- CJ/RC/02.03.2009." "Statement of Sh. Rajesh Khurana, Advocate, counsel for the petitioner. I receive the rent under strong protest as the rent as assessed was not tendered on the date of payment as fixed by the Hon'ble Court. The rent is accepted under protest being not competent which is being paid on this date of hearing. It is also protested on the ground of being invalid. The rent is also being accepted without prejudice to the rights of the petitioner to challenge the said tender before the Hon'ble High Court having not been made on the stipulated date. RO&AC. Sd/- CJ/RC/02.03.2009."
(3.) THEREAFTER , the learned Rent Controller passed the following order on 02.03.2009 :- "Present: Sh. Rajesh Khurana, Cl. for the petitioner. Sh. Manish Joshi, Cl. for the respondent. **** Counsel for respondent tendered rent and the same has been accepted/received by the counsel for petitioner. Statement of both the counsel to that effect recorded separately. Heard. From the pleadings of the parties, the following issues are framed :- 1. Whether the respondent is liable to be evicted fro the premises in dispute as prayed for?OPP. 2. Whether the respondent is liable to be evicted from the premises in dispute on the ground of nonpayment of arrears of rent?OPP. 3. Whether the premises in question is required by the petitioner for personal use and occupation?OPP. 4. Whether the petitioner has concealed the material facts from the Court?OPP. 5. Whether the present petition is not maintainable?OPP. 6. Relief. No other issue is pressed or claimed or arises. Now to come up on 09.05.2009 for evidence of the petitioner. PF, DM, list of witnesses etc. be filed within 7 days. Sd/- Sudhir Parmar/CJ/RC/02.03.2009." ;