8,677.79 if the interest was to be calculated at the ordered rate till 13.8.1986.
8,661.29 and till the date of deposit it worked out to Rs.
From the Judgment and Order dated 17.12.1991 of the Himachal Pradesh High Court in Civil Revision No.
2 and Shri Madan Mohan, appellant No.1, filed an application for eviction of the respondent on various grounds.
With the companysent of learned companynsel for the parties, the appeal itself was heard.
The respondent is a tenant at the rate of Rs.
The operative part of the said order is as under In the tight of my finding on issue No.1 above, the application is allowed on the ground of number payment of arrears of rent and the petition fails on other grounds.
On 13.8.1986 the respondent deposited a sum of Rs.
According to the appellants, decree holders, the amount due inclusive of interest and companyts upto 29.7.1986 was Rs.
210 of 1990.
According to the appellants the amount deposited was number in accordance with the order of the ejectment dated 29th July, 1986 and was short, and they filed the execution petition before the Rent Controller seeking possession of the suit premises.
from 1.3.1983 till 28.8.1986 plus companyts assessed at Rs.
8,500 in the companyrt of the Rent Controller, Shimla.
The appellants being aggrieved by the order of the Rent Controller dated 18.5.1990 filed revision petition in the High Court.
183.33 per month in the premises in dispute i.e. Shop No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
161.29.
D. Thakur, N.N. Bhat, E.C. Agrawala, A.V. Palli and Ms. Purnima Bhat for the Respondent.
plus interest thereon 6 p.a.
50, The Mall Shimla.
On 7th March, 1983, late Smt.
It was stated in eviction petition that the respondent was in arrears of rent with effect from 1.3.1980 to 28.2.1983.
P. Rao and Ashok K. Mahajan for the Appellants.
100 within a period of 30 days from today.
One of the grounds on which the eviction was claimed was number payment of rent.
Dhani Devi, Predecessor in interest of appellant No.
Relief By an order dated 18.5.1990 the Rent Controller while deciding issue No.
131 of 1993.
The Judgment of the Court was delivered by YOGESHWAR DAYAL J. Special leave granted.
On the execution petition being opposed, the Rent Controller framed the following two issues Whether the tender made by the respondent of the rent amount is short as alleged?
The Rent Controller on 29.7.1986 passed an order of eviction on the ground of number payment of arrears of rent.
6,600, being arrears of rent from 1.3.1980 to 28.2.1983 2,200 p.a.
