H.S.BHALLA, J. - (1.) THIS revision petition is directed against the order dated 10.8.1992 passed by the lower appellate authority, Ambala.
(2.) FACTS required to be noticed for the disposal of this petition are that the landlords moved an ejectment petition against Krishan Kumar (hereinafter referred to as 'the tenant') under Section 13 of the Haryana Act No. 11 of 1973 (hereinafter referred to as 'the Haryana Act'). The petition filed by the landlords was dismissed vide judgment dated 14.5.1991 passed by the Rent Controller, Ambala City. The landlords knocked the door of the lower appellate authority by filing an appeal against the order passed by the Rent Controller. The learned lower appellate authority accepted the appeal and the order of the Rent Controller was set aside and the present petitioner-tenant was ordered to be ejected from the premises in question. Aggrieved against that order of ejectment passed against the petitioner-tenant, he has come up in revision petition before this court. The other facts required to be noticed for the disposal of this petition are that the petitioner-tenant filed an application under Section 4 of the Act for the fixation of fair rent of the disputed premises. Vide order dated 23.2.1987, the then Rent Controller, Ambala City fixed the fair rent of the disputed premises at Rs. 167/- per month with effect from the date of filing of the petition i.e. 9.6.1983. The tenant went up in appeal and the learned appellate authority reduced the fair rent to Rs. 121/- per month with effect from the date of filing of the original petition. Ex.A-6 is the copy of the order dated 28.1.1988 passed by the lower appellate authority. In a previous petition for ejectment, landlords had applied for ejectment on the plea that the petitioner-tenant had not paid rent for the period from 9.6.1983 to 6.9.1986. In that petition, the petitioner-tenant tendered the rent at the rate of Rs. 80/- per month.
(3.) IN the instant petition, the respondent-landlords have sought ejectment of the petitioner-tenant on the ground that he had not paid balance amount of rent for the period from 9.6.1983 to 6.9.1986 and had not paid rent at the rate of Rs. 167/- per month for the period from 7.6.1986 to 7.3.1987. The petitioner-tenant tendered the rent for the period from 7.9.1986 to 7.3.1987 at the rate of Rs. 80/- per month on 23.4.1987. No tender of balance amount was made in respect of period from 9.6.1983 to 6.9.1986. The plea of the petitioner-tenant was that the fair rent had been illegally fixed by the learned Rent Controller at Rs. 167/- per month. The petitioner-tenant also denied the liability to pay house tax.;