HEMANT GUPTA, J. - (1.) THE challenge in the present revision petition is to the order dated 5.6.2003, passed by the learned Appellate Authority and the order dated 26.4.2003 passed by the learned Rent Controller, whereby an order of ejectment was passed against the petitioner on account of failure to tender assessed provisional rent, interest and costs.
(2.) THE respondent sought the ejectment of the petitioner, inter alia on the ground of non-payment of rent for the period 1.1.2001 to 31.7.2002 and also that the premises in question are required for bona fide personal use. On 13.11.2002, the learned Rent Controller had assessed provisional rent at Rs. 35000/- (Rs. 5000/- p.m.), costs Rs. 875/- and interest Rs. 935/-. It was also ordered that the fact of payment of rent as stated in para No. 3 will be seen at the final disposal of the case. The learned Rent Controller adjourned the case for arguments on the application for leave to defend and also for payment of arrears of rent. The tenant tendered a sum of Rs. 15,725/- on 28.11.2002 as arrears of rent for the period 1.6.2002 to 30.11.2002 a Rs. 2400/- per month and an amount of Rs. 450/- interest and Rs. 875/- as costs. The learned Rent Controller noticed the stand of the tenant that he has paid rent for the months in question except June, vide cheques (a) Rs. 2400/- P.M. The tenant made tender and further gave a statement that rent for the month of June, 2002, was paid in cash and he is depositing the said rent under protest with right of counter claim in this petition.
(3.) ON 22.4.2003, tenant filed an application for recall of the order dated 13.11.2002, inter alia, on the ground that the learned trial Court has assessed the rent without making any enquiry in question nor evidence was recorded and even without filing of the written statement. The learned Rent Controller vide order dated 26.4.2003 found that since the amount assessed has not been paid within the time prescribed, therefore, the petitioner is liable to be ejected from the demised premises. It may be noticed that vide separate order on 26.4.2003, the learned Rent Controller dismissed another application filed by the petitioner, wherein an objection was raised that the petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short 'the Act') for eviction on the ground of non-payment of arrears of rent and the petition under Section 13-A of the Act to seek eviction for the bona fide personal requirement cannot be clubbed. The landlord suffered a statement on 22.4.2003 withdrawing the petition under Section 13-A of the Act seeking ejectment (sic) was the arrears of rent the order of eviction was passed on 26.4.2003 as the petitioner has not paid assessed provisional rent.;