The tenant is obligated to make timely payments of arrears of rent as determined by the Rent Controller/Appellate Authority, and failure to do so can lead to eviction.

JUDGMENT

Alka Sarin, J. - The present revision petition has been filed impugning the order dated 27.05.2019 passed by the Rent Controller, Ludhiana and order dated 12.07.2022 passed by the Appellate Authority, Ludhiana whereby the eviction of the petitioner-tenant has been ordered on account of nonpayment of rent.

2. The brief facts relevant to the present lis are that the respondent-landlord filed a petition for ejectment under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Rent Act') seeking eviction of the petitioner-tenant from the premises in dispute bearing no.B-34-9241 (New) and 2246/2 (Old) measuring 20.21 sq. yards on the grounds of non-payment of rent and personal bona fide necessity. The Rent Controller, vide order dated 30.08.2018, provisionally assessed the arrears of rent at the rate of Rs.2500/- per month w.e.f. January 2017 to August 2018 amounting to Rs.50,000/- along with interest of Rs.3,000/- and costs of Rs.1000/- totaling Rs.54,000/- which was ordered to be paid by the petitioner-tenant to the landlord-respondent. The tenantpetitioner made the tender of this amount on 29.09.2018. However, both the apndarties also filed appeals against the order dated 30.08.2018. Vide order dated 19.12.2018 the Appellate Authority partly accepted both the appeals ordering inter-alia as under :

'12. As a result of above discussion, both the appeals are partly accepted and the impugned order is modified to the extent that the respondent shall make the payment of provisional rent at the rate of Rs.1500/- per month for the period from June, 2013 to August, 2017 along with interest at the rate of 6% per annum and cost of Rs.2000/- imposed by the learned Rent Controller which works out as under :

1500 x 51 = Rs.76,500/-

Interest 76500 x 52 x 3 = Rs.9945/-

1200

Total 76500+9945 = Rs.86,445/-

The respondent shall make the payment of rent within a period of one month from today failing which the learned Rent Controller shall be at liberty to pass an appropriate order for non-payment of provisional rent'.

3. The petitioner-tenant deposited the balance of the arrears of rent (Rs.32,500/-) under a wrong head as a result of which the respondentlandlord was unable to withdraw the same. On 20.03.2019 the respondentlandlord filed an application for passing an ejectment order against the petitioner-tenant for having failed to deposit the arrears of rent as ordered by the Appellate Authority on 19.12.2018. Vide order dated 29.04.2019 the Rent Controller directed the District Treasury Officer, Ludhiana that the amount of Rs.32,500/- be released to the petitioner-tenant and the petitionertenant was also directed that he shall make the payment of the rent amount of Rs.32,500/- to the respondent-landlord on or before 27.05.2019 in the Court itself.

4. The petitioner-tenant failed to make payment of the amount of arrears of rent to the landlord-respondent within the time as allowed by the Rent Controller on 29.04.2019. Rather, the petitioner-tenant filed an application before the Rent Controller for extension of time to hand over the amount of Rs.32,500/-. However, on 27.05.2019 the Rent Controller passed an order of eviction against the petitioner-tenant and also dismissed his application for extension of time. The petitioner-petitioner filed an appeal against the ejectment order which appeal was dismissed by the Appellate Authority on 12.07.2022. Hence, the present revision petition by the petitioner-tenant.

5. Learned counsel for the petitioner-tenant has contended that the authorities below have erred in law in ordering the eviction of the petitionertenant on the ground of non-payment of rent. It is contended that the arrears of rent as assessed by the Rent Controller on 30.08.2018 were tendered within the time given and even the arrears as determined by the Appellate Authority on 19.12.2018 were deposited by the petitioner-tenant. It is submitted that the petitioner-tenant did not make the payment of th