68 t CRNo32460f2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRN0 3246 of2007 Dateofdecision13032009 Amar Dutt Pandey Petoner 1 Versus IndetjitSingh 0 t espondent I CORAM HONBLE MRJUSTICE JITENDRA CHAUHAN Present MrSanjivGuptaAdvocate for the Z Mr RlCBatUis Sr Advocatewith MrHRhardwaj Advocate r for the I r25 JITENDRA CHAUHAN Je 17 1 This revisionpetition hasbeenfiled by against Z the dated 1252007 passedby the AppellateAuthorityPatiala 0m affirming the findingsof dated 42007 passedby the Rent Controller Patiala andcrossjectionsfiled on behalf of the landlorcl 2 The rent petitionwas lnoved by InderjitSinghIandlord herein respondentunder Section 13 of the East PunjabUrban Rent Restrictions Act 1949 for the of petitioncrrspondentherein petitionerfrom the shopin his on thegroundthatthepetitioner e was a tenant in the shop Rs001 per month The in addition to therent was also liable to pay housetax Rs51e permonth as per Rent Note dated 163 1990executed between . Rashmi 2012.08.21 14: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:23 I attest to the accuracy and integrity of this document 69 e 41 CRN03246of2007 2 theparties 3 The claim in therent petition was that the had neither paidtherent nor house tax since 181998 which he was paying Rs51 permonthalongwith rent in pursuanceofrent note The lnher claim was thatthe is running a clinic in the said shopunderthe name and styleof KP Clinic by describing himself as DrADPandey As the m r did not haveany licencefor running the above ctinic as Medical Practitioner the same amounts to mlsuse of shopin dispute and was liablefor ejectment 0 4 In the written statement the deniedthat hehad agreed to pay any housetax in additionto theagreed rate ofrent Rs001m Z permonth It was assertedthatthe had beenpaying rent but the did neverissueany receiptagainst paymentof S rent The factumof not licencefor running the clinic was also deniecl 1 rZ 5 On the basisof of thepartiesfollowing lssues were raisedl 19 Whetherthe havenot paidthe arrears ofrent 1 andhousetax w 1819982 OPP 2 Whetherthe hasimpaired valueandutilityof the shopin dispute bymisuser20PR 63I Whetherthe is liable to be evicted from 17 Ll in dispute on any of the above said grounds2 OPP Relief 6 On the basis of the evidenceled by the partiesleamed Rent . Rashmi 2012.08.21 14: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:23 I attest to the accuracy and integrity of this document 70 e CRNo 3246of2007 3 Controllercame to the conclusionon issueNol that the arrearsofrent and housetax wef l81998 onwardsand the tenderofrent in this respectmadebythe was short and invalid Learned Rent Controller irther noticed that rent alreadytendered by the was short but an was givento the to make goodthe shortage by rent for the periodfrom l81998 till Oling 1 of thepetitionaIong with interest 6Io as well as housetax as demanded 0 U bythe to the extent indicatedabove thls issuewas I decidedin favourofthe andagainst the 7 IssueNol was decidedagainstthe and in favour of the Z A 8 As regards 1SSue No was liable to be ejected r from the demisedshopon account of nonpaymentof rent for the period C8 from 181998 till fllingof the petitionHowever it was orderedthat if deposits the balance an due on account of none Z of rent for the periodfrom 1 8 1998 till filing of the petition a within a periodof one monthfrom the date of order the groundof non ofrent wouldnot survive Accordinglytheissuewas of 9 In case the shaIl makegoodthe short in thetender madeby him in the Court by the rent for the periodfrom 1 8 1998 till filingof the petitionafter adjustingthe amount already tenderedbyhim within a periodofone month thepetitionshallbe deemed tohavebeendismissed P 10 Aggrieved againstthe order of learned Rent Controller dated 42007 the filed the rent appealCrossbjectlonsOll behalfofthe were also filed . Rashmi 2012.08.21 14: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:23 I attest to the accuracy and integrity of this document 1 71 1 CRN03246of2007 4 Il 11 The Appellate Authoityheld thatthepayment provedthereforefindings on issueno l were af6med 12 The questionwith regardto not havingvalid licence of Medical Practitionerwss not gone into and the same was left to the competentahority to takeneeessary action with the observationth m certainlyit does not impairthevalue and utilityof the shopin dispute and r on this groundthe the tenant could not be ordered 0 U 13 On issue No theAppellate Authority held thatthe trial court I had givenone month to to pay the arrears after the amount tenderedbyhim Z 14 The AppellateAuthoritycismissed the appeal as well as the C c8 15 The presentreVlSlon peti on has been flled againstthe dated1252007 passed byAppellate Auority Patiala whereby 7 Z the appealpreferred against th dated412007 ofRent 0 Controllerholding liable to pay the rent by passing conditional orderto deposit therent on 412007 was dlsmissed 16 The filed th appealbefore the Appellate Authorityand time for makingthe paymentwas soughtto be extended besidesstaying the of 0deron 231007 Theinterim orderreadsas under Sharma Adv for the Received by entrustment It be There are i arguablepointshenceadmiued Notice to the be issued for 2332007 The operatioofthe . Rashmi 2012.08.21 14: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:23 I attest to the accuracy and integrity of this document 72 1 CRNo3246of2007 5 1S stayed on the conditionsof arrearsof rent till the datewithiti 30 daysfrom the dateof this order Trial Courtfile be also summonedfor that date Sdlw Appellate Aiority Patiala12312007 1 0 17 LearnedCounselfor the contendsthat the the rent was paidon 2122007 within one month in view ofthe time limit fixed 0 by the AppellateAuthorityand tlerefore the order dated 1232007 the appeaI is withoutany basisand against the dictum ofthe orderdated231 2007 Z 18 Learned counselfor the furthersubmitsthat as the 7 Qt hadalreadypaid of rent thereforethe orderof thetrial court is not sustainableHe of c8 the Rent Controller was stayedby the AppellateAuthorityby tlme for a periodof one mth for depositingthe arrears therefore J Z ofperiodshall commence from the dateofthe orderpassed by 0 the Appellate AuthorityLeamedcounselfor thepetitioner citesRajinder Kaur ve SKMalhotra ICC wherein it has been observedas underl 9 On a considerationofthe matter it 1S foundthat theplea now beingraisedby the the non deposit of the balance sale onsiderationhas been examinedby 1 the Court but has been The defendantcame 111appeal not onlyto this Court but alsowentin further appeal tothe Supreme Court Hehowever failed He cannot now raise the same objectionFurther the Court had stayed the . Rashmi 2012.08.21 14: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:23 I attest to the accuracy and integrity of this document 73 C r CRN0 3246 of2007 6 operation ofthe and decreeofthe trial Court afterthe appealwas filed by the defendant The stay order dated 12 1998 created a cloud on the decree ofthe trial Court There is nothing t0 showthat the trial Courts decree was onlypartlystayed The decree4lolderwas therefore m under no to depositthe baIancemoneywithin the 1 giventime afler the execution of the decree of the trial Court U was stayedby the Court It 1Snot disputed that the I Court had the pwer to stay the execution of the I decreeof the trial Court The periodof SlX months stopped Z running as soon as the sta5order was passedbythe Court It againstartedruing from the dayon which the r appealwas dismissedby Court But now the 1 c8 periodwas diffeient It was three monthsfrom the date of the ord The balance moneyhas been 7 4 Z by the decree4lolderwithin the periodof three monthsas bythe Court in its decree 13 In Dattatrayave Shaikh Mahboob Shaikh Ali AIR 1970 SC 750 it has beenheld bythe Supreme Court that where a decreeimposed on bothsides and are SO conditioned that the by one is conditionalon the bythe other the are reciprocal and 1 6 are interlinked so that they cannot be If the defendantsbyobtaining the stay order from the HighCourt relieve themselvesof the obligations to deliver of the properties the must also be deemed . Rashmi 2012.08.21 14: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:23 I attest to the accuracy and integrity of this document 74 CRN0 3246of2007 7 thereby to be relievedofthe of themoney SO longasthestayorder continues 14 It is thus clear that the appellate Court bystaying the decreeofthe trial Courthad in fact absolvedthe decree41older of theliabilityto deposit the balancesale considerationwithin six months The trial Courthadpassed theperemptory order on December24 1987 The period ofsix monthswas to expireon U June23 1998 The decreeofthe trial Court was stayedbythe Court byorderdatedFebruary 12 1988 As the order I of the trial Court came to be stayedbeforethe expiryof six monthsthe decreeeholder was no more required to deposit the Z balancesale consideration The timestopped runningas soon r as the decreeof the trial Court was stayedIt isnot X c8 that the Court had the and to interferein matt where the trial Coun passed a peremptory Z order Therefore the stay order dated February12 1988 m passedby the appellateauthorityput the peremptoryorder under The appellate Court had all the powers to pass fresh orders the depositof the balancesale considerationIt threemonthstime The decree41older the balance sale considerationwith the time bythe Court l 19 Leamed counsel for the contends that no application for extension of time was filed Moreover there is nothing on recordto establishthatthe paymentof arrears of rent was madeas stipulated in the order dated 412007 passedby the learned Rent Controller . Rashmi 2012.08.21 14: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:23 I attest to the accuracy and integrity of this document 75 lJ CRNo 3246 of2007 8 i C Thereforethepresentpetitiondeservesto bedismissed 20 I have heardleamedcounsel for the partiesand perusedthe record 21 The questionfor considerationin the presentrevlSlOO petitlon 1 1S the effect of the order dated 232007 whereby the of the Ck1 was stayed andthe was directedto deposit the U arrearsofrent uptodatewithin30 daysfromthedateofsaid order 22 The order of Rent Controller is dated42007 The wasdirectedto make goodthe betweenthe amoum tenderedand the amount duefrom 1 81998 till datewithin a periodof one month from Z thedateofpassing ofthe order The Rent Controllerdirectedthe 0 to makegoodfor the in thetendermadebyhim ltl the Court by c8 the rent for the period om l81998 till Slingof the petition ailer theamount alreadypaidbyhim within a periodof one month 7 Z andthepetition shallbe deemedto havebeendismissed t3m 23 Againstthe order dated42007 an appealwas by the before the AppellateAuthority The Appellate Authority On 23 2007 stayedthe of the subject to the conditions of thepetioners anears of rent till date within 30 daysfrom the date of the order As per the order of Rent Controllerdated42007 thepetitioner was at libertyto make the payment within 30 daysHowever beforeexpiryof30 daysas in theorder 4 ofthe Rent Controller the operation ofthe judgment was stayed and the freshcondition of depositing the arrears uptodate within 30 days from the dateof the order was imposedThe arrears of rent was . Rashmi 2012.08.21 14: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:23 I attest to the accuracy and integrity of this document 76 1 2RNo3246of2007 9 on 21 2007 which is within one month from the date of order dated 2312007 24 In the presentcase the doctrineof merger is attracted It is settledlaw that the and decreeof the trial court merges into appellate courts decree Thus the original order dated412007 passedby the Rent Controllerstandsmerged into the order dated232007 passedby r the Appellate Authoritywhereinfurtherperiodof one month was U for making the balancepayment thebalancepayment was paid on 212007 ie within one monthfrom theorder passedbytheAppellate 0 I Authority on 2312007 25 In view of the above the presentrevlSIOIl petitionis Z and the dated42007 passedbythe Rent Controller andthat of r the Appellate Authoritydated 1252007 are set aside with no order as to c8 costs 7 4 1 Z 3032009 6ITENDRA CHAUHAN9 mk JUDGE 0 C c l r . Rashmi 2012.08.21 14: 12 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:23 I attest to the accuracy and integrity of this document