VINOD K.SHARMA, J. - (1.) THIS order shall dispose of Civil Revision No. 613 of 1982 titled Parkash Chand v. Lachhman Dass and Civil Revision No. 614 of 1982 titled Parkash Chand v. Lachhman Dass as the same questions of law and facts are involved.
(2.) THE petitioner challenged the order dated 3.10.1980 passed by the learned Rent Controlled as affirmed by the learned Appellate Authority ordering eviction of the petitioner from the premises in dispute. The landlord-respondent filed a petition under Section 13 of the Haryana Urban Control of Rent and Eviction Act, 1973 claiming therein that the petitioner was inducted as a tenant in the shop in dispute and was in arrears of rent. The eviction was sought on the ground of non-payment of rent. The respondent landlord claimed the rate of rent to be Rs. 150/-. The stand of the petitioner was that rate of rent was Rs. 72/- per month. On the date of first hearing, the respondent paid the rent as assessed by him and on the pleadings of the parties, the learned Rent Controller framed the issues with regard to the rate of rent payable and also whether the tender was valid tender. The learned Rent Controller came to the conclusion that the rate of rent was Rs. 150/- per month and consequently held that the tender having not been made as per the demand of the landlord he was liable to be ejected. The appeal filed by the petitioner also failed. The revision petition deserves to be allowed in view of the law laid down by the Hon'ble Supreme Court in the case of Rakesh Wadhawan and others v. M/s Jagdamba Industrial Corporation and others, 2002(1) RCR(Rent) 514 : 2002(5) SCC 440. The revision is accordingly allowed. The eviction order passed against the petitioner tenant is set aside and the case is remanded back to the learned Rent Controller with a directions to issue notice to the parties and thereafter determine the arrears of rent along with interest payable thereon and the costs, which are required to be paid by the tenant by fixing the date of hearing for the said purpose. Thereafter an opportunity would be provided to the tenant-petitioner for making the tender. The learned Rent Controller will be at liberty to pass eviction order in case of non-payment of rent in view of the law laid down by the Hon'ble Supreme Court in the case of Rakesh Wadhawan and others v. M/s Jagdamba Industrial Corporation and others (supra) in case tenant fails to tender rent within the time so granted. Revision allowed.;