G.S. Sandhawalia, J.

The tenant is in revision against the orders of eviction passed on the ground of non-payment of the provisional rent as assessed on 02.11.2016 which were to be paid on 13.12.2016 and were not paid and resultantly, the eviction order was passed by the Rent Controller, Amritsar on 13.12.2016.

2. The said order has been upheld in appeal by the Appellate Authority on 27.04.2017 by taking into account that the explanation given in the grounds of appeal that the respondent was ready to furnish post dated cheque and ready to make online transfer of the amount in the account of the landlord was only a frivolous excuse on the ground that the landlord was not furnishing the bank account. It was noticed that the case was kept pending till 3.55 p.m. by the Rent Controller but the cheque was not tendered on the said date. Reliance was placed upon judgment of the Apex Court in Rakesh Wadhawan and others v. M/s. Jagdamba Industrial Corporation and others, 2002 (5) SCC 440 to come to the conclusion that eviction was justified.

3. A perusal of the order of the Rent Controller would go on to show that a sum of Rs. 1,25,495/- was assessed for payment to be made on 13.12.20