Provision rent judgement

R.C. Lahoti, J.
Late Parmodh Paul, who died during the pendency of the proceedings and whose legal
representatives, the appellants before us, have been brought on record, filed a petition under Section
13 of the East Punjab Urban Rent Restrictions Act, 1949 (hereinafter 'the Act', for short), against the
respondent-firm through its two partners on the ground of the tenants having defaulted in payment
of rent, a ground for eviction under Clause (i) of sub-Section (2) of Section 13 of the Act. Hereinafter
for the sake of convenience and brevity, Late Parmodh Paul shall be referred to as the 'landlord' and
the respondents as the 'tenants'.
According to the averments made in the petition for eviction filed on 17.9.1991, the suit premises
were obtained by the tenants on tenancy from Shri Mani Ram and Smt. Ratan Devi, the then owners
and landlords, under the rent note dated 20-9-1982. The rate of rent agreed upon was Rs.2000/-
per month excluding water and electricity charges. The tenants neither paid nor tendered the
arrears of rent from 1st March, 1985. There was a civil litigation relating to partition of joint family
properties, including the suit premises, between the members of the family wherein, in terms of an
interim order passed by the Civil Court, the tenants had deposited rent at the rate of Rs.1800/- per
month for the period October 1985 to January 1988. In the eviction petition, the landlord prayed for
a direction from the Rent Controller to evict t

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