In this revision petition, the High Court dismissed the challenge to the provisional rent assessment by the Rent Controller, deeming it interim. However, the Court directed the Controller to decide the eviction petition within one year.
Petitioner's revision petition dismissed. Rent Controller directed to decide eviction petition within one year.
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.2066 of 2010 (O&M) Date of decision: 20th August, 2010
Nand Lal
… Petitioner
Versus
Ashok Kumar Jog
… Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Sanjiv Gupta, Advocate for the petitioner. None for the respondent.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
In the present petition, the order dated 24th February, 2010 passed by the Rent Controller, Chandigarh has been assailed, whereby the provisional rent was assessed at Rs.1200/- per month.
The assessment of the provisional rent is interim in nature. The Court, after the evidence is adduced by the parties, can always determine the quantum of rent agreed between the parties and any deficiency can be made good or the excess paid can be adjusted later.
Hence, no interference is warranted in the present revision petition and the same is hereby dismissed.
However, the Rent Controller, Chandigarh is directed to decide the eviction petition within a period of one year from the date of receipt of a certified copy of this order.
[KANWALJIT SINGH AHLUWALIA] JUDGE
August 20, 2010 rps
2 issues framed by the court
Whether the High Court should interfere with the assessment of provisional rent by the Rent Controller.
Whether the Rent Controller should determine the eviction petition within one year.
Nand Lal
Ashok Kumar Jog
KANWALJIT SINGH AHLUWALIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
