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2006 Supreme(P&H) 1432

HEMANT GUPTA
Rajinder Lal – Appellant
Versus
Gopal Krishan – Respondent


Judgment

Hemant Gupta, J.

1. The challenge in the present revision petition is to the order dated 5.6.2003, passed by the learned Appellate Authority and the order dated 26.4.2003 passed by the learned Rent Controller, whereby an order of ejectment was passed against the petitioner on account of failure to tender assessed provisional rent, interest and costs.

2. The respondent sought the ejectment of the petitioner, inter alia on the ground of non-payment of rent for the period 1.1.2002 to 31.7.2002 and also that the premises in question are required for bona fide personal use. On 13.11.2002, the learned Rent Controller has assessed provisional rent at Rs. 35OOO/- (Rs. 5000/- p.m.), costs Rs. 875/- and interest Rs. 935/-. It was also ordered that the fact of payment of rent as stated in para No. 3 will be seen at the final disposal of the case.

3. The learned Rent Controller adjourned the case for arguments on the application for leave to defend and also for payment of arrears of rent. The tenant tendered a sum of Rs. 15,725/- on 28.11.2002 as arrears of rent for the period 1.6.2002 to 30.11.2002 @ Rs. 2400/- per month and an amount of Rs. 450/- interest and Rs. 875/- as costs. The




























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