Dismissed

M.M.Sharma v. Sukhdarshan Singh

Punjab & Haryana HC27 Sept 2010CR/6239/2010

Case brief

AI extract

What is this about?

In this civil revision, the Single Judge held that an interim provisional rent assessment cannot be varied and dismissed the petition, while directing the Rent Controller to quantify the arrears on the next date of the eviction petition.

What did the court decide?

Revision petition dismissed. Petitioner directed to deposit rent. Rent Controller directed to quantify liability on the next date.

M.M.Sharma Vs Sukhdarshan Singh — Landlord and Tenant | Punjab & Haryana HC (2010)

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Civil Revision No. 6239 of 2010

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In the High Court of Punjab and Haryana, at Chandigarh.

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Civil Revision No. 6239 of 2010

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Date of Decision: 27.9.2010

M.M. Sharma

…Petitioner

Versus

Sukhdarshan Singh

…Respondent

CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.

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Present: Mr. Gurdial Singh Jaswal, Advocate for the petitioner.

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Kanwaljit Singh Ahluwalia, J. (Oral)

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The Rent Controller, Chandigarh, vide his order dated 4.9.2010, has provisionally assessed the rent at the rate of Rs.1,750/per month w.e.f. 1.6.2003 till the month of passing of the order along with the interest at the rate of 6% per annum and costs of Rs.1,000/-.

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Learned counsel for the petitioner has submitted that the petitioner had paid the rent to one Ajit Charan Singh Saraon. This argument was considered by the Rent Controller and came to the conclusion that no such instructions were given by the landlord.

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The petitioner may deposit the rent and thereafter he will be at liberty to file a counter claim for refund or adjustment of the rent, already paid. The parties may adduce their evidence to say as to whether Ajit Charan Singh Saraon was authorized to receive the rent or not.

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The impugned order dated 4.9.2010, whereby the provisional

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Civil Revision No. 6239 of 2010

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rent was assessed, is interim in nature and the same cannot be varied in the revision petition.

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Another grievance made by learned counsel for the petitioner is that the provisional rent, so payable, has not been quantified by the Rent Controller. To allay this apprehension, the Rent Controller is directed that on the next date fixed in the eviction petition, he shall calculate the amount which is payable by the petitioner/tenant.

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Hence, no interference is warranted in the present revision petition and the same is hereby dismissed, in limine.

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(Kanwaljit Singh Ahluwalia) Judge

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September 27, 2010 “ DK ”

M.M.Sharma v. Sukhdarshan Singh

Case brief

What is this about?

What did the court decide?

M.M.Sharma v. Sukhdarshan Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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