Judgement

HIDAYATULLAH, C.J.I. : This is a landlord s appeal against an order of the High Court of Punjab, March 18, 1964, confirming the dismissal of his petition for the eviction of the respondent from certain premises taken on rent. The appellant had made the application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 on the allegation that rent for the premises from October 1, 1959 to June 30, 1961 had not been paid. The rent of the premises was Rs. 32-8-0 and the water connection charges were Rs. 2-8-0. On the first date of hearing the tenant appeared and tendered Rs. 292-8-0 as rent from October 1, 1960 to June 30, 1961. He also paid Rs. 7 as interest and Rs. 25 as costs. These amounts were accepted by the landlord without prejudice to his claim that the rent for the earlier period had not been paid.

2. It appears that the tenant had made two deposits in the Court of the Senior Sub-Judge, Ludhiana under Section 31 of the East Punjab Relief of Indebtedness Act, 1934 on December 23, 1959 and July 18, 1960, the amount being Rs. 210 on each occasion. The tenant claimed that this was a valid tender of rent to the landlord. The Rent Controller, by his order, deci