Dismissed

Raj Kumar Jain v. Shiv Kumar Sharma @ Bhanot & Anr.

Punjab & Haryana HC2 Sept 2013CR/5293/2013

Case brief

AI extract

What is this about?

The High Court of Punjab & Haryana dismissed a revision petition by a landlord aggrieved by the Rent Controller's refusal to appoint a valuer for market rent assessment during eviction proceedings for arrears.

What did the court decide?

The revision petition was dismissed with costs of Rs. 10,000/- to be deposited with the District Legal Service Authority, Chandigarh.

Raj Kumar Jain Vs Shiv Kumar Sharma @ Bhanot… — Landlord and Tenant | Punjab & Haryana HC (2013)

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CR 5293/2013

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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CR 5293/2013 Date of decision:02/09/2013

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Raj Kumar Jain

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.............Petitioner

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Shiv Kumar Sharma@Bhanot and another

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.............Respondent

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CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

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Present:Mr.Parminder Singh,Advocate for the petitioner.

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Jaswant Singh,J.(Oral)

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The landlord is in revision aggrieved against the order dated 8.4.2013(P2) passed by the learned Rent Controller, Chandigarh whereby his application for appointment of a Local Commissioner/ Valuer to assess the market rent at the stage of assessment of provisional rent has been dismissed.

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The landlord filed an eviction petition for vacation of the demised shop no.1064/1 by the respondent tenant inter alia on the ground of non-payment of rent w.e.f. February 2010. It is stated that the premises was rented out @ Rs.800/- per month in the year 1985 and todate there has not been any increase in the rent. The tenant has admitted the relationship of landlord and tenant as also the rate of rent to be Rs.800/- per month and that he is in arrears of rent since February 2010. Learned Rent Controller has accordingly assessed the arrears of provisional rent. However, the landlord desires to have a Valuer

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Joshi Rajinder Prashad 2013.09.02 18:03 I attest to the accuracy of this Order. High Court, Chandigarh.

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CR 5293/2013

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appointed to assess the market rent and thus increased rate of rent even for the purpose of determination of provisional rent.

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After hearing the learned counsel for the petitioner/landlord

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in view of the aforesaid facts, it is evident that the learned Rent Controller has rightly dismissed such a prayer. In the eviction proceedings at the stage of assessment of provisional rent, the relationship of the parties as landlord and tenant, and the rate of rent and also the prima facie proof of payment or not of claimed arrears of rent are relevant consideration. The landlord had his own remedy to seek the increase of rent even prior to the filing of the rent petition and even subsequent thereto. In the opinion of this Court there is no illegality in the impugned order warranting interference by this Court.

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Dismissed with the costs of Rs.10,000/- to be deposited

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with the District Legal Service Authority,Chandigarh.

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02.09.2013. (Jaswant Singh) joshi Judge

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Joshi Rajinder Prashad 2013.09.02 18:03 I attest to the accuracy of this Order. High Court, Chandigarh.

Raj Kumar Jain v. Shiv Kumar Sharma @ Bhanot & Anr.

Case brief

What is this about?

What did the court decide?

Raj Kumar Jain v. Shiv Kumar Sharma @ Bhanot & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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