J.V.GUPTA, J. - (1.) THIS is a landlady's petition whose ejectment application has been dismissed by both the authorities below.
(2.) THE landlady sought the ejectment of her tenant Sardari Lal vide ejectment applications dated 21st September, 1984 inter alia on the ground that the tenant was in arrears of rent from 16th June, 1984 to 16th July 1984. An ex parte order was passed on 11th October, 1984. An application for setting aside the same was filed on 15th October, 1984 and on 22nd October, 1984, vide Exhibit R-1 the tenant deposited a sum of Rs. 450/- as rent for seven months, though he was only required to pay for two months which had become due at the time of filing of the application in order to save his ejectment. Both the courts below have found that since the arrears of rent were tendered on the first date of hearing, no ejectment order could be passed on that ground. Dissatisfied with the same, the landlady has filed this petition in this Court. After hearing the learned counsel for the parties, I do not find any merit in this petition. It was not disputed that 23rd November, 1984 was the first date of hearing when the ex parte proceedings were set aside. The tenant had already deposited the amount of Rs. 450/- vide receipt Exhibit R-1 dated 22nd October, 1984. Not only that even afterwards when the costs and interests were assessed by the Rent Controller on 8th December, 1984, further amount was also deposited as assessed by the Rent Controller on 10th December, 1984. The amount was tendered on 8th December, 1984 itself when it was assessed by the Rent Controller, but the landlady refused to accept the same. The same could not be deposited that very day because by that time, the time for depositing the same had expired. 9th December, 1984 happened to be a holiday. Thus under these circumstances the tenant deposited the amount assessed on 10th December, 1984. Thus, it could not be successfully argued that the amount of arrears of rent as assessed by the Rent Controller was not deposited within the prescribed period.
(3.) CONSEQUENTLY , the petition fails and is dismissed, with no order as to costs. Petition dismissed.;