HEMANT GUPTA,J - (1.) THE landlord is in revision petition aggrieved against the order passed by the learned Rent Controller on 15.9.1993, whereby the learned Rent Controller, allowed the application filed by the tenant under Section 19 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act'), for permission to prosecute the petitioner herein.
(2.) THE respondent herein is a tenant. The petitioners are entitled to 2/3rd share of the rent, whereas the remaining 1/3rd share of the rent is payable to one Kaka Ram. In an earlier petition under Section 13 of the Act, the parties entered into settlement on 5.2.1963. In the said petition, by way of a compromise, the tenant agreed to pay Rs. 20/8 anna per month as rent with effect from 1.2.1963 and the landlord leased out Chabutara to the tenant as well. Subsequently, the petitioners filed an ejectment petition claiming rent @ 2/3 share i.e. Rs. 23/- per month. In the said ejectment petition, the rent was tendered for the period 1.1.1973 to 30.10.1987. After the said rent was tendered, the landlord withdrew the ejectment petition on 5.1.1988. Thereafter, the tenant filed an application under Section 19 of the Act for grant of permission to prosecute the landlord on the ground that the landlord has claimed rent in excess of the agreed rent and, therefore, the landlord is liable to be prosecuted for an offence under Section 19(2) of the Act.
(3.) LEARNED counsel for the petitioners has raised a short argument that the agreement dated 5.2.1963 is not for fixation or assessment of the fair rent and, therefore, the petitioners cannot be said to have contravened the provisions of Section 6(1)(a) of the Act.;