- (1.) A shop was taken on rent by Sat Pal from the landlord Ram Chand on 30th march, 1963, in Samana Mandi, for a period of one year, i. e. , from 1st April, 1963, to 31st March, 1964, at the rate of Rs. 600 per annum. A sum of Rs. 300 as the advance rent for the first six months was paid at the time of the execution of the rent note and it was agreed that for the second half of the year the balance of rs. 300 would be paid in advance after the expiry of the first six months. It is the common case between the parties that the tenant continued in possession of the shop in dispute even after the expiry of the period mentioned in the rent note exhibit A-1.
(2.) THE landlord put in an application under Section 13 of the East Punjab Urban rent Restriction Act, 1949 (hereinafter referred to as the Act ). The allegations were as follows:- (i) That the respondent named above is a tenant under the petitioner at a six monthly rent of Rs. 300/ -. The respondent agreed to pay this amount of six monthly rent in advance. (ii) That the amount of six months' advance rent fell due on 1-4-1968, which the respondent has not paid so far. The respondent is liable to be ejected on the ground of non-payment of rent.
(3.) IN reply, paragraph No. 1 was admitted as correct. Regarding paragraph 2, it was mentioned that the tenant-respondent tendered rent to the petitioner on 1st april, 1968, and inasmuch as the petitioner refused to accept the same, the respondent deposited the rent on 4th April, 1968, amounting to Rs. 300/- from 1st april, 1968 to 30th September, 1968, and interest amounting to Re. 1/- in the court of the Senior Subordinate Judge, Patiala, and that no rent was due against the respondent.;