In a revision petition, the High Court relied on precedents to hold that rent controllers are not obliged to make provisional assessments when tenants deny the landlord-tenant relationship. The impugned order assessing provisional rent was set aside.
Revision petition allowed and impugned order of Rent Controller set aside.
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.
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CR No.4346 of 2008(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR No.4346 of 2008(O&M) Date of Decision: 25.01.2011
Tarsem ... Petitioner
Versus
Raj Kumar Gupta and Others ... Respondents
CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN
Present:Mr. Sorav Garg, Advocate for Mr. K.S. Dadwal, Advocate, for the petitioner.
Mr. Akshay Bhan, Advocate, for the respondent.
RAKESH KUMAR JAIN, J. (ORAL)
This revision petition is directed against the order dated 17th July, 2008 passed by Rent Controller, Chandigarh by which the provisional rent has been assessed despite the fact that the tenant had denied the relationship of landlord and tenant.
The revision petition was admitted on 26th October, 2009. Now the respondent has filed CM No.29321-CII of 2010 for disposing of the above said revision petition in view of the grounds in it. It is alleged that this Court has repeatedly held in M/s Gawritex Industries Limited, Panchkula Vs. Sqn. Ldr. Gurdial Singh , 2009(4) R.C.R.(Rent) 213 (P&H), Narinder Singh Vs. Sarabjit Singh, 2006(2) R.C.R.(Rent) 226 (P&H) and M/s Rachitech Engineering Pvt. Ltd. Vs. Kundal Steel Pvt. Ltd. 2006(2) R.C.R. (Rent) 687 that whenever the tenant has denied
CR No.4346 of 2008(O&M)
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the relationship of landlord and tenant, the Rent Controller is not obliged to make provisional assessment of rent.
In view of the application moved by learned counsel for respondent, the present revision petition is allowed and the impugned order is set aside.
JANUARY 25, 2011 RAJAN
(RAKESH KUMAR JAIN) JUDGE
1 issue framed by the court
Whether the Rent Controller is obliged to make provisional assessment of rent when the tenant denies the landlord-tenant relationship.
Colour shows how this judgement treated each authority
M/s Gawritex Industries Limited, Panchkula Vs. Sqn. Ldr. Gurdial SinghReferred¶15
M/s Gawritex Industries Limited, Panchkula Vs. Sqn. Ldr. Gurdial Singh, 2009(4) R.C.R.(Rent) 213 (P&H)
Narinder Singh Vs. Sarabjit SinghReferred¶15
Narinder Singh Vs. Sarabjit Singh, 2006(2) R.C.R.(Rent) 226 (P&H)
M/s Rachitech Engineering Pvt. Ltd. Vs. Kundal Steel Pvt. Ltd.Referred¶15
M/s Rachitech Engineering Pvt. Ltd. Vs. Kundal Steel Pvt. Ltd. 2006(2) R.C.R. (Rent) 687
Tarsem
Raj Kumar Gupta
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
