- (1.) This revision petition has been filed against the concurrent findings of both the learned courts below ordering eviction of the petitioner on the ground of non-deposit of provisional rent.
(2.) Petition was filed on 09.10.2001 on the ground of nonpayment and subletting (but what survives in the present case is only the issue of non-payment) and the respondent had claimed rent from 01.10.1997 to 31.10.2001. On 20.4.2004, the provisional rent was assessed and the following order was passed: "In the present case, the petition has been filed claiming rent w.e.f October 1997 till October 2001, further on the ground of subletting. Notice of the petition was served. Reply was received in which it has been denied that there are arrears of rent since October 1997 and it was submitted that rent has already been tendered on the earlier petition upto 1.9.2000 to 31.12.2001 alongwith interest and costs and denied that arrears of Rs.5,06,220/- are due and application for stay of ejectment petition was also filed which was disposed of on 28.7.2003. I have heard the arguments for assessment of provisional rent and learned counsel for the petitioner filed copy of tender statement made on 20.9.2001 duly certified by the counsel herein it is stated that on 27.9.2001 rent was tendered from 1.9.2000 to 31.12.2000. Hence the rent is due from 1.1.2001 @ Rs.11000/- p.m. The respondent is directed to tender the rent on 24.4.2004."
(3.) The dispute is that the petitioner deposited the rent only uptil the date of filing of the petition and not till the date of passing the order. Both the courts below have held that in terms of judgment of the Supreme Court Madan Mohan and anr Vs. Krishan Kumar Sood, 1993 1 RCR(Rent) 290, it was incumbent upon the tenant to have deposited upto date arrears and having not deposited the same, he was liable to be evicted.;