VIJAY SINGLA Vs. LAJWANTI

JUDGEMENT

(1.) The present revision petition has been filed impugning the order dtd. 11/10/2019 passed by the Rent Controller, Kaithal and order dtd. 22/2/2022 passed by the Appellate Authority, Kaithal whereby the eviction of the petitioner-tenant has been ordered on account of non-payment of rent.

(2.) The brief facts relevant to the present lis are that the respondent-landlord filed a petition for ejectment under Sec. 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the 'Haryana Rent Act') seeking eviction of the petitionertenant from a shop measuring 7 ft. x 24.3 ft. with verandah bearing MCK No.4/10 and ID No.112C273U229 Ward No.14, Zone situated at Pehowa Chowk falling within the municipal limits of Municipal Council, Kaithal on the ground of bona fide personal requirement and non-payment of rent. The Rent Controller, vide order dtd. 7/10/2016, assessed the provisional rent in the case and adjourned the matter to 14/10/2016 for tendering the rent. On 14/10/2016, since the Rent Controller was on leave, the file was put up before the Duty Judge who adjourned the same to 24/10/2016. On 24/10/2016 the petitioner-tenant filed an application for permission to tender the rent before the Rent Controller. However, the respondent-landlord made a statement that he was not ready to accept the rent. The respondent-landlord contested the application filed by the petitioner-tenant for tendering the rent. Thereafter, the petitioner-tenant filed an application dtd. 3/8/2018 for treating the rent tendered on 24/10/2016 to be valid. The said application was also contested by the respondent-landlord. Thereafter, the petitionertenant once again filed an application on 24/4/2019 requesting the Rent Controller to pass appropriate order. The said application was also contested by the respondent-landlord by filing a reply. Vide the impugned order dtd. 11/10/2019 all three applications were decided and eviction of the petitionertenant was ordered on the ground of non-payment of rent. Aggrieved by the said order, the petitioner-tenant filed an appeal under Sec. 15 of the Haryana Rent Act before the Appellate Authority, Kaithal and vide impugned order dtd. 22/2/2022 the appeal of the petitioner-tenant was dismissed. Aggrieved by the orders passed by the authorities below, the present revision petition has been filed.

(3.) Learned senior counsel for the petitioner has contended that the authorities below have erred in law in ordering the eviction of the petitionertenant on the ground of non-payment of rent. Learned counsel has argued that on 19/9/2016 the matter was adjourned to 25/10/2016. However, the date was subsequently changed to 7/10/2016 without notice to the petitioner-tenant. It is further the contention that the said fact was clearly borne out from perusal of the dates fixed on the record file of the Rent Controller. It has further been contended by learned counsel for the petitioner-tenant that when the matter was listed on 7/10/2016 and 14/10/2016, no one appeared on behalf of the petitioner-tenant but the presence of the counsel for the petitioner was wrongly marked in routine by tahnde Rent Controller and by the Duty Judge and as such no liability can be fastened upon the petitioner-tenant for not tendering the rent on 14/10/2016.