- (1.) This is tenant's revision petition challenging the impugned orders of eviction. On July 04, 2011, this Court passed the following order : Respondent-landlord filed an eviction application for ejectment of the petitioner from the property in question. The petitioner-tenant failed to tender the provisional rent as assessed by the Rent Controller on 17.03.2005. Accordingly, the eviction petition was allowed and petitioner was directed to hand over the vacant possession of the demised premises within two months from the date of order i.e. 02.08.2010.
(2.) Petitioner filed an appeal against the aforesaid order dated 02.08.2010 before the appellate authority, Ludhiana, which was also dismissed. The relevant observations of the appellate authority read thus : Indubitably, the appellant failed to pay the arrears of rent to the respondent on the date fixed for such purpose. On the failure of the appellant to comply with the order dated 17.03.2005 of the learned Rent Controller, nothing remained to be done and impugned order of eviction was to follow and that rightly followed. If the appellant had made compliance of the order dated 17.03.2005 of the learned Rent Controller, in that event, enquiry should have continued for finally adjudicating upon the dispute as to the arrears of rent in the light of the contending pleas by the parties before, the learned Rent Controller.
(3.) Once the tenant/appellant has taken the risk of not paying the rent in terms of the order dated 20.07.2005 passed by the learned Rent Controller, his ejectment was bound to follow in view of Madan Lal and anr. v. Baldev Raj, 2004 2 RCR(Rent) 93 rendered by the Hon'ble Punjab and Harayana High Court.;