In a revision petition challenging a provision fixing rent at Rs.175 per annum, the court directed the tenant to deposit Rs.175 per month from March 1989 to May 2010, subject to final determination by the Rent Controller.
Tenant directed to deposit Rs.175 per month as rent from 1.3.1989 to 31.5.2010, subject to final adjudication.
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Civil Revision No.4149 of 2010
1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Revision No.4149 of 2010
Date of Decision: 13.8.2010
Neena Rani
…Petitioner
Versus
Jaimal and Others
…Respondents
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. C.B. Goel, Advocate for the petitioner.
Ms.Sonal Datta, Advocate for Mr. Amarjit Markan, Advocate for the respondents.
Kanwaljit Singh Ahluwalia, J. (Oral)
In the present revision petition, the petitioner/landlord assailed the order dated 7.5.2010, passed by the Rent Controller, Ludhiana, whereby the provisional rent was fixed at Rs.175/- per year. Learned counsel for the petitioner submits that the rent ought to have been determined as Rs.175/- per month.
Learned counsel for the respondent/tenant submits that from the documents relied and the case pleaded by the tenant it is proved that the rent of the demised shop was Rs.175/- per annum.
Be that as it may, let the tenant deposit the rent at the rate of Rs.175/- per month commencing 1.3.1989 to 31.5.2010, subject to final adjudication of the eviction petition by the Rent Controller, on the basis
Civil Revision No.4149 of 2010
2
of the evidence, to be led by the parties. The documents, to be proved by the parties, shall also be taken into consideration by the Rent Controller. In case it is found that the tenant has paid rent in excess, it shall be adjusted towards future rent.
With the observations made above, the present revision petition is disposed of.
(Kanwaljit Singh Ahluwalia) Judge
August 13, 2010 “ DK ”
2 issues framed by the court
Whether the landlord's contention that rent is Rs.175 per month instead of per annum should be accepted in a revision petition.
Whether an interim order for rent deposit may be made subject to final adjudication of the eviction petition.
Neena Rani
Jaimal
Kanwaljit Singh Ahluwalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
