Disposed

D S Kundu v. Air Comd Iqbal Singh

Punjab & Haryana HC9 Dec 2008CR/3508/2007

Case brief

AI extract

What is this about?

High Court of Punjab and Haryana considered two disputes in a civil revision: tenancy status and excessiveness of provisional rent. Directed parties to adduce evidence to determine tenant status and adjust rent paid accordingly if excessive.

What did the court decide?

Notice to respondents accepted; issues to be decided after evidence adduction; provisional rent adjustment mechanism outlined pending evidence led.

D S Kundu Vs Air Comd Iqbal Singh — Landlord and Tenant | Punjab & Haryana HC (2008)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Misc. No.22861-CII of 2008 with Civil Revision No.3508 of 2007

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Date of decision: 9^th December, 2008

D.S. Kundu

… Petitioner

Versus

Air Commander Iqbal Singh Bindra and another

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… Respondents

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CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Mr. R.C. Tacoria, Advocate for the petitioner. Mr. Divanshu Jain, Advocate for the respondents.

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KANWALJIT SINGH AHLUWALIA, J. (ORAL)

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Civil Misc. No. 22861-CII of 2008

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Notice of motion.

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On asking of the Court, Mr. Divanshu Jain accepts notice on behalf of the respondent. CM is allowed and the case is restored to its actual number.

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Civil Revision No.3508 of 2007

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In the present revision petition, two disputes have been raised:

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(i) That the relationship of landlord and tenant is to be determined by the Court, as landlord is not accepting the petitioner to be the tenant.

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(ii) That the provisional rent assessed is excessive.

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Civil Revision No.3508 of 2007 (O&M)

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It has been stated before this Court that in a connected Civil Revision petition bearing No.1265 of 2007, entire provisional rent assessed, along with arrears, has been paid to the landlord.

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Parties shall get fair opportunity to adduce evidence on the two issues raised, upon which the parties are in dispute. After the parties lead their evidence, it will be determined whether the petitioner is a tenant qua the landlord or not and whether the provisional rent assessed by the Rent Controller is the actual rent or not. In case, it is found that the provisional rent assessed is excessive, then the amount paid by the petitioner shall be adjusted in the future rent. Otherwise, if it is found that the amount of provisional rent assessed is lower, any deficiency will be made good by the petitioner on the opportunity being provided by the Court, if he is found to be tenant qua the landlord. Needless to say that all legal pleas shall be available to the petitioner, to raise before the Rent Controller.

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With these observations, present revision petition is disposed

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off.

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Copy of this order, be issued dasti on payment of usual

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charges.

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[KANWALJIT SINGH AHLUWALIA] JUDGE

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December 09, 2008 rps

D S Kundu v. Air Comd Iqbal Singh

Case brief

What is this about?

What did the court decide?

D S Kundu v. Air Comd Iqbal Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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