Revisions petition against provisional rent assessment disposed with observations on refundable excess payment if petitioner proves rent rate. No substantive decision.
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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Civil Revision No.5296 of 2009 (O&M)
Date of Decision : 07.10.2009
Krishan Singh
.....Petitioner
versus
Dildeep Singh
.....Respondent
CORAM : HON'BLE MR.JUSTICE SURYA KANT.
Present : Mr.S.P.S.Sidhu, Advocate, for the petitioner.
-.-
ORDER
Surya Kant, J. (Oral)
The petitioner-tenant is aggrieved at the order dated 21.7.2009 passed by the Rent Controller, Phul, whereby the provisional rent of the demised premises-shop situated within the Municipal limits of Ram Pura Phul, has been assessed @ Rs.2000/- per month w.e.f. 1.1.2005 to 28.2.2007 (26 months) and vide which the petitioner has been directed to tender the arrears of rent.
The claim of the petitioner-tenant is that the monthly rent of the demised shop is Rs.200/- per month only. If that is so, the petitioner is at liberty to plead the same in the written statement and prove on the basis
C.R. No.5296 of 2009 (O&M) 2
of evidence.
Suffice it to observe that if the petitioner succeeds in proving the rate of rent as claimed by him, then the excess payment made shall be refunded to him and/or shall be adjusted against the future rent.
With these observations, the revision petition is disposed of.
Dasti.
07-10-2009 Mohinder
(SURYA KANT) JUDGE
Krishan Singh
Dildeep Singh
Surya Kant
As recorded by the court registry
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