HEMANT GUPTA,J - (1.) THE challenge in the present revision petition is to the orders passed by the Courts below, whereby the petitioners have been ordered to be evicted for non payment of arrears of rent.
(2.) INITIALLY , one Vedwati was the owner of the premises, who has inducted the present petitioners as tenants at a monthly rent of Rs. 90/-. However, on 16.1.1997, the said Vedwati sold the property in dispute to Bhimsen, the present respondent. Bhim Sain, who sought eviction of the petitioners on the ground that the petitioners are in arrears of rent including house tax with effect from 1.5.1990. The dispute between the parties revolves around the liability of the tenant to pay the house tax. The landlord relied upon the notice Exhibit P.6, calling upon the tenant to make the payment of house tax. However, the tenant denied his liability to pay the house tax. Both the Courts have recorded a concurrent finding of fact that the tenant is liable to make payment of house tax as well.
(3.) LEARNED counsel for the petitioner has vehemently argued that in terms of the Hon'ble Supreme Court judgment in Rakesh Wadhawan v. Jagdamba Industrial Corporation, 2002(1) RCR(Rent) 514 : AIR 2002 SC 2004, the petitioners are entitled to an opportunity to tender arrears of rent so determined by the learned Appellate Authority.;