VINOD K.SHARMA, J. - (1.) THIS revision is directed against the order dated 24.5.1988 passed by the learned Appellate Authority vide which appeal filed against the order passed by the learned Rent Controller was accepted.
(2.) THE petitioner-landlord has sought eviction of the respondent-tenant on the ground of non-payment of rent. The petitioner claimed that rate of rent was Rs. 160/- per month and tenant was in arrears of rent since May, 1980. However, the petition was contested by the petitioner and it was claimed that rent was Rs. 80/- per month. It was also claimed that the rent already stood paid upto January 1981 and thereafter he sent a bank draft of Rs. 1440/- in July 1982 being rent for the period from February, 1981 onwards, which the petitioner has refused to accept. The learned Rent Controller held that the tenant was in arrears of rent for the period from May, 1980 to July, 1980, which was not tendered on the first date of hearing, thus, ordered the eviction.
(3.) HOWEVER , in appeal the learned Appellate Authority while affirming the findings on issues No. 1 to 3 and reversed the finding of the learned Rent Controller on issue No. 4. The learned Appellate Authority observed that rent from June, 1980 to December 1980 was not paid. However, held on available evidence that the rent was offered, but it was landlord who refused to accept the same and, therefore, permitted the landlord to recover the rent by availing his remedy in accordance with law. The finding of the learned Courts below cannot be sustained.;