MADAN LAL Vs. BALDEV RAJ

JUDGEMENT

(1.) THIS is tenants' petition filed under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for brevity, 'the Act') challenging concurrent findings of facts recorded by both the Courts below holding that the tenant-petitioners have failed to make payment of rent as assessed by the Rent Controller vide his order dated 5.5.2003 and consequently their ejectment was ordered. Both the Courts have found that the tenants were liable to pay rent from 1.1.1993 till the date of assessment order i.e. 5.5.2003. The observations made by the Supreme Court in Rakesh Wadhawan and others v. M/s. Jagdamba Industrial Corporation and others, AIR 2002 SC 2004 : 2002(1) RCR(Rent) 514 (SC) have been followed because the tenant-petitioners have failed to comply with the provisional order of assessment dated 5.5.2003.

(2.) BRIEF facts of the case necessary for disposal of the instant petition are that the landlord-respondent filed an ejectment petition on 28.11.2002 under Section 13 of the Act seeking ejectment of the tenant-petitioners inter alia on the ground that the tenant-petitioners had taken the demised premises on rent on 1.8.1993 on an agreed rate of Rs. 600/- p.m. along with house tax at the rate of 10 per cent. He claimed arrears of rent w.e.f. 1.4.1993 and sought ejectment on that ground. The tenant-petitioners contested the claim made by the landlord-respondent and asserted that they have been paying rent regularly without fail and the rent was paid upto August, 2002. The learned Rent Controller vide his order dated 5.5.2003 made assessment of the provisional rent at the rate of Rs. 600/- p.m. from 1.1.1993 to 31.5.2003 and directed the tenant-petitioners to pay the arrears. Order dated 5.5.2003 reads as under :-

(3.) THE argument based on Roshan Lal's case (infra) that the Court could extend the time for making payment of rent was also rejected by observing as under :-