- (1.) The petitioner who is landlord of the demised premises has challenged the impugned order on the ground that the same is against the well settled principles of law as envisaged in the judgment of the Hon'ble Supreme Court in the case of Rakesh Wadhawan v. M/s Jagdamba Industrial Corporation, 2002 AIR(SC) 2004 and further explained by Division Bench judgment of this Court in Rajan alias Raj Kumar v. Rakesh Kumar, 2010 1 RCR(Rent) 386.
(2.) Noticing the contentions made on behalf of the petitioner, this Court passed following order on 5.5.2011:- "Present: Mr. Amit Khatkar, Advocate, for the applicant/petitioner CM No. 11848-CII of 2011 Allowed as prayed. This is a revision petition filed by the landlady who had sought eviction of the tenant on the ground of non-payment of rent. The tenant disputes the rate of rent as well as the period. However, on the application moved by the landlady, the Rent Controller assessed the provisional rent which was not paid by the tenant on the stipulated date and thereafter, eviction order was passed against which the tenant filed an appeal which was allowed and the case was remanded back to the Rent Controller to decide it after taking evidence. After taking the evidence, the Rent Controller allowed the tenant to deposit the deficient amount of rent within the stipulated time against which the landlady again filed an application which was dismissed by the learned Appellate Authority. Learned counsel for the landlady submits that there was a conflict of views of the two Single Benches of this Court in which one view was that if the provisional rent is not paid by the tenant within the stipulated time, then the tenant would get another opportunity, whereas the other view was that if the rent is not paid, eviction order would follow. The matter was referred to a Larger Bench of this Court in the case of Rajan alias Raj Kumar v. Rakesh Kumar, 2010 1 RCR(Rent) 386 in which the view taken in the case of Madan Lal and another v. Baldev Raj, 2004 2 RCR(Rent) 93 has been approved and it has been held that in case of non-payment of provisional rent on the stipulated date, order of eviction has to follow and no opportunity will be granted. Notice of motion for 25.5.2011. 05.05.2011 (Rakesh Kumar Jain) Judge"
(3.) I have heard learned counsel for the parties and perused the impugned order of the Appellate Authority.;