Revision petition against provisional rent assessment was dismissed. Parties settled arrears via interim court orders, making the order interim and non-interferable pending evidence.
Revision petition disposed off, intervening to allow Rent Controller to decide eviction on merits after evidence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Civil Revision No. 1382 of 2008 Date of decision: 15th December, 2008
Ajay Kumar Bhandari
… Petitioner
Versus
Sanjay Gupta
… Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Ms. Aarti Gupta , Advocate for the petitioner. Mr. Ashok Singla, Advocate for respondent.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Present revision petition has been filed against the order dated 30th November, 2007, whereby provisional rent was assessed by the Rent Controller, Bathinda.
Ms. Aarti Gupta appearing for the petitioner tenant states that entire amount of arrears of rent, as provisionally assessed by the Rent Controller, has been paid in view of the interim orders passed by this Court on 5th March, 2008.
Counsel for the parties are in agreement that the controversy no longer subsists, as the parties shall get fair opportunity to lead their evidence for determination of rent. Order of assessment of provisional rent is interim in nature. It is only after the evidence is lead, the actual rate of rent shall be determined by the Rent Controller. Therefore, no interference is warranted. Rent Controller may decide the eviction petition on merits.
With these observations, present revision petition is disposed
off.
[KANWALJIT SINGH AHLUWALIA] JUDGE
December 15, 2008 rps
Ajay Kumar Bhandari
Sanjay Gupta
Kanwajit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
