Dismissed

Gyatri Overseas etc. v. Budh Ram

Punjab & Haryana HC21 Sept 2010CR/6059/2010

Case brief

AI extract

What is this about?

The High Court disposed of a civil revision petition challenging a provisional rent assessment order. The court held that the interim assessment stands and the tenant must pay the assessed amount, with options for later adjustment or refund.

What did the court decide?

The petition was dismissed; the parties are directed to adduce evidence for final determination of rent and landlord-tenant relationship.

Gyatri Overseas etc. Vs Budh Ram — Landlord and Tenant | Punjab & Haryana HC (2010)

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-: 1 :-

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Civil Revision No.6059 of 2010

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No.6059 of 2010 Date of decision: September 21, 2010.

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Gyatri Overseas & Anr.

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... Petitioner(s)

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Budh Ram

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... Respondent(s)

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CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Shri Satinder Khanna, Advocate, for the petitioner(s).

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Kanwaljit Singh Ahluwalia, J. (Oral):

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In the present petition, order dated 31.8.2010 passed by the Rent Controller, Ludhiana has been assailed whereby he determined provisionally rent at the rate of Rs.11,125/- per month from May 2009 to August 2010 with interest @ 6% per annum and cost of Rs.1,000/-, apart from electricity charges. It is stated by counsel for the petitioner that the demised property consisted of two portions Mark “A” and “B”. Qua property Mark “A”, there is no dispute regarding relationship of landlord and tenant. However, the tenant had challenged relationship of landlord and tenant qua property mark “B”. Counsel further submitted that rent was always received at the rate of Rs.9500/- per month qua property No.4 and 5, shown as red in the site plan.

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The Rent Controller has taken into consideration rent note and

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Civil Revision No.6059 of 2010 -: 2 :-

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determined the rent @ Rs.11,125/-. The order assessing the provisional rent is interim in nature. The parties shall adduce their evidence for determination of the quantum of rent and qua relationship of landlord and tenant. In case, in consonance with the impugned order, whereby provisional rent was assessed, payment is made and the same later is found to be paid in excess by tenant, the same can be adjusted later on. At the first instance, the tenant should pay the amount as assessed by the Rent Controller. He is also at liberty to apply for refund of the said amount which he believes has been paid in excess. However, there is no justification to vary the interim order passed by the Rent Controller.

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With these observations, the present petition is disposed of.

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[ Kanwaljit Singh Ahluwalia ] September 21, 2010. Judge kadyan

Gyatri Overseas etc. v. Budh Ram

Case brief

What is this about?

What did the court decide?

Gyatri Overseas etc. v. Budh Ram

Case brief

What is this about?

What did the court decide?

What the court decided

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