The expression amount due in the third proviso to section 14 (2) (i) of the Himachal Pradesh Urban Rent Control Act, 1987, includes only the rent due and not interest or costs.

Kamlesh Sharma, J —Mr. Justice P. D. Desai, then Chief Justice of this Court, referred the following question of law to a larger Bench by his order dated July 6, 1988: "Whether, on a true and proper construction of the third proviso to clause (i) of sub-section (2) of section 14 of the Himachal Pradesh Urban Rent Control Act, 1987, the expression the amount due therein occurring comprises the arrears of rent together with interest at the rate of 9 percent per annum on such arrears and the costs of the eviction petition as assessed by the Controller or as comprising only the rent due as found by the Controller?”

2. The expression amount due stood already interpreted by V. P. Gupta, J, in Kali Dass v. Swaran Singh, ILR (Himachal Series) (1980) 191. In para 28 (page 2C0) of this judgment it has been held that:— “ Naturally the amount due in the second proviso can only be interpreted as the amount which is calculated in accordance with the first proviso of section 14 (2) (i), /. e9 it will include arrears of rent payable on the date of application and interest up-to-date of actual payment of 6% per annum on such arrears of rent which were payable together with costs of application as assessed by Controller, Besides this amount the tenant will be liable to pay any other amount i e., costs etc. of the litigation which may be the result of final order of eviction.

3. It seems that the interpretation given by V. P. Gupta, J., did not find favour with P. D. Desai, C J., and he made the reference under consideration.

4. The expression amount due’ figures in the third proviso to section 14 (2) (i) of the H. P. Urban Rent Control Act, 1987 (Act No. 25 of 1987). Section 14 (2) reads as under i— "(2) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. If the Controller, after giving the tenant a reasonable opportunity of showing cause against the applicant, is satisfied:— (i) that the tenant has not paid or tendered the rent due from him in respect of the building or rented land within fifteen days after the expiry of the time fixed in the agreement of tenancy with his landlord or in the absence of any such agreement by the last day of the month next following that for which the rent is payable: Provided that if the tenant on the first hearing of the application for ejectment after due service pays or tenders the arrears of rent and interest at the rate of 9 per cent per annum on such arrears together with the cost of application assessed by the Controller, the tenant shall be deemed to have duly paid or tendered the rent within the time aforesaid: Provided further that if the arrears pertain to tbe period prior to the appointed day, the rate of interest shall be calculated at the rate of 6 per cent per annum s Provided further that the tenant against whom the Controller has made an order for eviction on the ground of non-payment of rent due from him shall not be evicted as a result of his order, if the tenant pays the amount due within a period of 30 days from the date of order ; or. "

5. The present Civil Revision was filed by the tenant Om Parkash against the order of Appellate Authority holding him liable for eviction from the premises in dispute for not depositing the total amount due. The deposit made by the tenant was found less by Rs. 135.85, The total amount due was calculated at Rs. 1,485. Out of this amount Rs. 1,080 were towards arrears of rent due from 1-10-1970 to 30-6-1979, Rs. 239.10 were towards interest at the rate of 6 percent per annum and Rs, 166 79 were towards costs as assessed by the Rent Controller.

6. Before the Appellate Authority, the tenant had challenged the order of eviction passed against him and issue of warrant of possession of the disputed premises. The Rent Controller had found the amount deposited by the tenant deficient by Rs. 50. Admittedly, the tenant had deposited an amount of Rs- 1,350 on 13-10-981 during the pendency of the eviction petition Th