Allowed

Sudha Rani v. Vidya Rani

Punjab & Haryana HC12 Aug 2010CR/3395/2010

Case brief

AI extract

What is this about?

In a civil revision, the High Court allowed the petition to modify the Rent Controller's order. The Court held that the tenant should only deposit provisional rent for the period from February 2005 to March 2010, excluding the earlier period already paid.

What did the court decide?

Petitioner directed to deposit rent from February 2005 to March 2010 at Rs. 800 per month along with interest and costs; impugned order modified.

Sudha Rani Vs Vidya Rani — Landlord and Tenant | Punjab & Haryana HC (2010)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No.3395 of 2010 Date of decision: 12^th August, 2010

Sudha Rani

… Petitioner

Versus

Vidya Rani

… Respondent

CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Mr. Jitender Singh Dadwal, Advocate for the petitioner. None for the respondent.

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KANWALJIT SINGH AHLUWALIA, J. (ORAL)

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Notice of motion was issued. Office has reported that the respondent has refused service of the summons. Therefore, the respondent is proceeded against ex-parte.

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In the present revision petition, petitioner-tenant has assailed the order dated 12^th March, 2010 passed by the Rent Controller, Ludhiana, whereby the petitioner-tenant was asked to pay the provisional rent at the rate of Rs.800/- per month commencing from the month of June, 2002 till March, 2010. Counsel for the petitioner-tenant thereafter, filed an application for review and brought to the notice of the Court the order dated 6^th March, 2006 (Annexure P-1) passed by the Rent Controller, Ludhiana (K.S. Singla) in Rent Application No.15/01.02.2005. The Rent Controller, even though noticed the order (Annexure P-1), yet declined to review the order whereby provisional rent was assessed, on the ground that this fact was not pleaded in the written statement. The order (Annexure P-1) passed in Rent Application No.15/01.02.2005 reads as under:

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Civil Revision No.3395 of 2010

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“Present: Sh.Sudesh Mahajan, Adv. Counsel for petitioner. Counsel for the respondent,

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Sh. K.S.Arora, Adv.

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On 12.12.2005, rent was assessed at the rate of Rs.800/- per month from 1.7.2002 till the date of filing of the petition. The amount as well as interest has been calculated by me. Amount of rent comes to Rs.24800/- and interest on the same at the rate of 6% per annum comes to Rs.750/- and after adding the costs to the tune of Rs.300/-, total amount to be tendered by the respondent comes to Rs.25850/-.

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Rent as assessed and calculated by this Court has been tendered by the respondent which the petitioner received under protest. Now to come up on 22.3.2006 for settlement of issues and for filing the rejoinder if any.

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Sd/-

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K.S. Singla, RC/6.3.06”

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This Court is of the opinion that the Rent Controller, after considering the certified copy of order (Annexure P-1) ought to have permitted the petitioner-tenant to pay the provisional rent assessed with effect from the month of February 2005 till March 2010 and the period for which the rent has already been paid ought to have been excluded.

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Accordingly, present petition is allowed and the impugned order dated 12^th March, 2010, wherein provisional rent was assessed, is hereby modified. The petitioner-tenant shall deposit the rent from the month of February 2005 till March 2010 at the rate of Rs.800/- per month along with the interest and cost determined by the Rent Controller vide order dated 12^th March, 2010.

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[KANWALJIT SINGH AHLUWALIA] JUDGE

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August 12, 2010 rps

Sudha Rani v. Vidya Rani

Case brief

What is this about?

What did the court decide?

Sudha Rani v. Vidya Rani

Case brief

What is this about?

What did the court decide?

What the court decided

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