TaxTMI 
TaxTMI 
1959 (5) TMI 58
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....house in question under Gurtharan Singh, Autar Singh and Gurdial Singh sons of Jowala Singh. On 2-1-1956, the landlords presented an application to the Rent Controller, Kapurthala, under Section 13 of the Patiala and East Punjab States Union Urban Rent Restriction Ordinance, 2003 Bk., for eviction of Basant Ram tenant from the house in question on the allegations that they had let out the house to the respondent by means of a rent deed'dated 13-5-1954 on rental of Rs. 15/- per month from 1-5-1954. that the tenant had failed to pay the rent from August 1954 to the end of November 1955 for which a notice had also been sent to him but without any effect; on these grounds they claimed eviction of the tenant from the house in dispute. The....
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....to Clause (i) of Section 13(2) of the East Punjab Urban Rent Restriction Act No. III of 1949. In Gopal Mal's case, AIR 1955 N.U.C. 1878 (Pepsu), Mehar Singh J. construed the proviso in the Patiala Ordinance to mean that the deposit must consist of the entire amount due as arrears up to the date of the first hearing when the deposit is made in Court, whereas Bhandari C. J. in Jagdish Parshad's case, Civil Misc. No. 159 of 1955 D/- 17-5-1955 (Punj), construed the proviso in the Punjab Act to mean that the amount to be deposited should only be the amount due as arrears according to the landlord's application up to the date on which the applies-tion for ejectment is made. 5. The counsel for the petitioner has contended that the v....
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....15 days after the expiry of the time fixed in the agreement of tenancy or in the absence of any agreement, by the last day of the month next following that for which the rent is payable. If by means of payment or tender the tenant is to. he deemed to have duly paid or tenderrd the rent within the time specified in Clause (i). then, according to the counsel, the arrears for the purposes of the proviso should be construed in the same sense in which the expression "the rent due from him" has been used in Clause (i). 6. As against this, Mr. Bahri, on behalf of the landlords, has submitted that the Legislature has deliberately and consciously used the expression "pays or tenders the arrears of rent etc." in the proviso in contradistinction wi....
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..... This locus paenitentiae is afforded to the tenant for the purposes of the proceedings initiated by the landlord, and, unless there is a clear provision to the contrary, it should be intended to be confined only to the rights and liabilities of the parties of which the Rent Controller is seized. The object and purpose of enacting Section 13 also seems to suggest that the proviso has been intended for the benefit of the tenant and not for conferring on the landlord an additional advantage for securing payment of rent which may fall due after the date of his petition. The Legislature, therefore, should not be fixed with the intention of placing on the tenant an additional burden to pay the rent which may have fallen due after the institut....
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....asons and spirit of it, or the cause which induced the Legislature to enact it. Again, if the words used are ambiguous their meaning may be sought by examining the context with which such words may be compared, in order to ascertain their true effect and meaning. It is not denied, that the rent Acts arc primarily meant for the protection of the tenants; in the present case, however this aspect has been contended not to be conclusive because it may well be that the Legislature, while affording a locus poenitentiae to the tenant, also desired to compensate the landlord by securing to him payment of rent due up to the date of the first hearing. But as stated above, one would have expected such an intention, in the present context to be manifes....
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.... disputes set out by the contesting parties in. their respective pleadings; in other words the rights and liabilities of the par-ties as they exist on the date of the initiation of the proceedings alone fall within the scope of the investigation of which the tribunal is properly seized, and it is generally incompetent for a tribunal to adjudicate upon any controversial matter which does not find place in the pleadings of the parties. 9. Mr. Bahri has next contended that the case should be sent back to the learned Single Judge for deciding other points. In my opinion, the whole case having been placed before us for decision, it will serve no useful purpose to send it back to the learned Single Judge for final disposal. The counsel has con....