In CR No.39 of 2011, the Punjab and Haryana High Court dismissed a revision petition challenging the Rent Controller's assessment of provisional rent arrears up to 31.10.2010. The Court held that since the petitioner admitted non-payment of rent after the eviction petition was filed, the assessment had merit and no error was found.
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.
CR No.39 of 2011 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.39 of 2011 (O&M) Date of decision:05.01.2011.
Rohit Chadha ...Petitioner Versus Gurcharan Dass Bajaj ...Respondent
CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN
Present: Mr. K.S.Dhillon, Advocate, for the petitioner.
RAKESH KUMAR JAIN, J.
This revision petition is directed against the order dated 16.11.2010 passed by the learned Rent Controller, Jalandhar by which he has assessed the provisional arrears of rent w.e.f. 01.09.2008 till 31.10.2010 @ `2,420/- per month.
The only contention raised by learned counsel for the petitioner is that while the eviction petition was filed on 16.01.2010, the landlord had averred that the tenant/petitioner has not paid the rent from 01.09.2008. It is submitted that the petitioner could have been paid the arrears of rent up to 16.01.2010 and not up to 31.10.2010.
I have heard learned counsel for the petitioner and perused the record with his able assistance.
The Court had categorically asked the petitioner as to whether he has paid the rent after 16.01.2010 when the petition for eviction was filed by the landlord, to which he replied that the said rent is not paid. In that circumstance, there is no error in the order of the learned Rent Controller
CR No.39 of 2011 (O&M)
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asking for the payment of arrears of rent till 31.10.2010 when the order was passed on 16.11.2010.
No other point has been raised.
In view thereof, I do not find any merit in the present revision petition and as such, the same is hereby dismissed in limine.
No costs.
January 05, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE
2 issues framed by the court
Whether the revision against the Rent Controller's assessment of rent arrears up to 31.10.2010 has merit when the tenant admitted non-payment after the eviction petition was filed.
Whether the assessment of rent arrears extends beyond the date of the eviction petition filing.
Rohit Chadha
Gurcharan Dass Bajaj
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
