Hemant Gupta, J. - (1.) THE challenge in the present revision petition is to the order passed by learned Appellate Authority on 5.6.1993 whereby the appeal filed by the landlord was decided on the basis of compromise increasing the rate of rent to Rs. 900/ - per month. Subsequently, an application for review of the said order was dismissed by the learned Appellate Authority on 24.1.1994. The said order is also subject matter of challenge in the present revision petition.
(2.) THE respondent -landlord sought the ejectment of the petitioner inter alia on the ground of non -payment of arrears of rent and for the reason that the tenant has made material alterations in the demised premises. The learned Rent Controller dismissed the petition on 12.8.1988 but in appeal, the parties entered into compromise. The statement of the parties and the order of the Court read as under: Statement of Surinder Singh son of Jiwan Singh, son of Sohan Singh, 70 years, Dhaba owner, r/o Buria, Tehsil Jagadhri -tenant respondent on s.a. Stated that we have effected a compromise. On the basis of the compromise the appeal of the appellant - landlord be dismissed. However, I have agreed to enhance the rate of rent with respect to the disputed property detailed in the head note of the petition. I shall pay monthly rent of the disputed property at the rate of Rs. 900/ - per month to the landlord inclusive of all the taxes etc. w.e.f. 1.6.1993. The previous arrears of rent shall be paid by me as per old rate of rent. The appeal of the landlord may be disposed of accordingly. Sd/ -RO & AC AA/5.6.1993. Sd/ -Surinder Singh Statement of Sh. Inderjit Son of Jawala Dass, son of Hukam Chand, 60 years, r/o Buria, Tehsil Jagadhari on s.a. I have heard the statement of tenant Surinder Singh which I admit to be correct. My appeal may be disposed of as per statement of tenant Surinder Singh made before this Court today. The tenant shall pay Rs. 900/ -per month as rent of the disputed property w.e.f. 1.6.1993 to me and the previous arrears of rent shall be paid by him as per old rate of rent. Since the tenant has agreed to pay enhanced rate of rent w.e.f. 1.6.1993.1 do not want to prosecute his appeal and may appeal be disposed of as per statements of the parties recorded before the court today. Sd/ -RO& AC AA/5.6.1993. Sd/ -Inderjit Singh The parties have arrived at a compromise. Statements of the parties have been reduced into writing. In view of the statements of the parties recorded today separately, this appeal of the appellant -landlord preferred against the judgment dated 12.8.1988 passed by Sh. B. Diwakar, the then learned Rent Controller, Jagadhari, is hereby dismissed. However, the respondent -tenant shall pay a sum of Rs. 900/ -per month as rent of the disputed property detailed in the head note of petition to the landlord inclusive of the taxes w.e.f. 1.6.1993. The previous arrears of rent shall be paid by the tenant as per old rate of rent. No order as to costs. File be consigned to the record room. Trial Court record be sent back with copy of this order. Sd/ -(N.C. Natha)Appellate Authority, Ambala. The petitioner moved an application on 16.7.1993 pointing out that in fact the tenant has agreed for increase of rent to Rs. 200/ -and the statement regarding the increased rate of rent i.e. Rs. 900/ - as agreed rate of rent, is incorrect. The said application was declined by the Appellate Authority finding that the counsel for the tenant and the tenant himself accepted the statement made by the landlord and his counsel. It was found that both the parties were represented by senior counsel and it is difficult to believe that tenant was misled on account of hard of hearing in old age. It was also found that the counsel for the tenant has also signed the statement and therefore, there was no question of fixing the rate of rent to Rs. 200/ - per month.
(3.) LEARNED Counsel for the petitioner has vehemently argued that the increase of rate of rent to Rs. 900/ - as mentioned in the statement and in the order is only on account of mistake in understanding of the increase in rent by the tenant. It is pointed out that previous rent was Rs. 65/ - per month and increase of rent to Rs. 900/ - is 14 times to the previous rent is unbelievable. It is further pointed out that the rate of rent of Rs. 900/ - is mentioned in figure only and not in words and therefore, the mistake in writing of the rate of rent cannot be lost sight of.;