Harbans Singh, C.J. - (1.) THIS revision filed by the landlord against the order of the Appellate Authority holding that the tender made on the first date of hearing did satisfy the requirements of the law, has no merit at all.
(2.) IN an application for ejectment of the tenant, the landlord alleged that the rent was fixed at Rs. 26 -6 -0 as fair rent by the Rent Controller earlier (which matter is not being disputed,) and that the tenant was in arrears of the rent aforesaid for the period beginning from the 1st April, 1968, upon the date of the filing of the application. The application was filed on 22nd May, 1969. The first date of hearing was 16th June, 1969, on which date the following statement was made on behalf of the tenant: Stated that rent for 15 months, i.e., from 1st April, 1968, to 30th June, 1969, at the rate of Rs. 26 -6 -0 per mensem, house tax Rs. 25 -31 for the same period, Rs. 20 towards interest and Rs. 25 towards costs, total being Rs. 465 -96, he was prepared to pay and was producing before the Court. The learned Counsel for the applicant -landlord made the following statement: Stated that the tender was invalid, excessive and in advance and was not acceptable to him and he is not prepared to accept the amount tendered.
(3.) THE whole controversy in the two Courts below centred round the fact, whether the amount tendered being more than what was in arrears on the date of application, would the amount so tendered make the tender of the arrears invalid.;