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1997 Supreme(P&H) 871

SAROJNEI SAKSENA, G.C.GARG
Sukhwinder Singh – Appellant
Versus
Ashok Kumar – Respondent


Judgment

Sarojnei Saksena, J.

1. Being aggrieved by the Appellate Authoritys Order dated 29.3.1996, the tenant-petitioner filed Civil Revision No. 1609 of 1996 in the High Court.

2. Brief resume of the case is that the landlord-respondent filed an ejectment petition Under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (in short, the Act) against the tenant petitioner averring that the tenant is occupying the demised shop at a monthly rent of Rs. 650/- under the rent note executed by him on 16.2.1987. The tenant has not paid rent and house-tax since 1.5.1994. Thus, his ejectment was sought on account of rental arrears.

3. Tenant-petitioner admitted that the rate of rent is Rs. 650/- per month, but he denied other allegations.

4. On December 12, 1994, the tenant-petitioner tendered rent at the rate of Rs. 650/- per month and house tax at the rate of Rs. 90/- per month for the period from 1.5.1994 to 31.12.1994, interest at the rate of 6 per cent per annum amounting to Rs. 15/- and Rs. 100/- as costs of litigation, totalling Rs. 6035/- to the paid to the landlord-respondent. The Rent Controller held that the tenant has tendered excess rent, though the amount of interest


















































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