- (1.) Ejectment of the petitioner was sought on the ground of non-payment of rent. Ejectment petition was filed on 8.8.1990 in which rent was claimed w.e.f. 1st February, 1990, at the rate of Rs. 250/- per month. On the first date of hearing, the tenant tendered the rent with effect from 1.2.1990 to August, 1990, besides an amount of Rs. 110/- fixed as costs by the Rent Controller. The amount so tendered was accepted, but under protest, as according to the landlord, the tender made was short. The tenant thereafter did note appear and was, therefore, proceeded ex parte. On the basis of ex parte evidence, ejectment of the petitioner-tenant was ordered on the ground that the rent tendered was short as the tenant had not paid the interest on the arrears of rent. Order of ejectment when challenged in appeal, was also affirmed. The order of ejectment passed by the Authorities is now being impugned in the present revision petition.
(2.) Counsel for the petitioner has contended that the tenant is not liable to be ejected as the rent for the month of August, 1990 had not become due and the amount for that month can be adjusted towards payment of interest. In reply to this, learned counsel for the respondent has stated that the rent was payable in advance on the first day of each British calendar month. The ejectment was filed on 8.8.1990. The rent due was from 1.2.1990 to August, 1990, and therefore, rent for the month of August, 1990 as [per terms of the tenancy, was due on the date of filing of the petition. The interest having not been paid on that amount, the Authorities below rightly ordered the ejectment of the tenant. Counsel also made a reference to judgment of this Court in Smt. Daropati Devi v. Sohan Lal & Anr.,1984 1 RentLR 414, wherein it was held that where the rent for a specific month was tendered, it was not open to the tenant to adjust the same towards payment of interest or costs.
(3.) After hearing learned counsel for the parties at length, I am of the view that the order of ejectment passed by the Authorities below cannot be sustained. The relevant provision for tendering of rent is sub-Section (2) of Section 13 of the East Punjab Urban Rent Restriction Act (briefly 'the Act'), which is reproduced as under : "(2). A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the appellant, is satisfied. (i) that the tenant has not paid or tendered the rent due by him in respect of the building of rented land within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement, by the last day of the month next following that for which the rent is payable : Provided that if the tenant on the first hearing of the application for ejectment after due service pays or tenders the arrears of rent and interest at six per cent annum on such arrears together with the cost of application assessed by the Controller, the tenant shall be deemed to have duly paid or tendered the rent within the time aforesaid.";