Birinder Singh And Another vs Amarjit Singh And Others
2022 Latest Caselaw 7190 P&H

                            128
                                       IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                      CHANDIGARH

                                                                           CR-2780-2022 (O&M)
                                                                           Date of decision : 19.07.2022


                            Birinder Singh & Anr.                                            ... Petitioner(s)

                                                                 Versus

                            Amarjit Singh & Ors.                                           ... Respondent(s)



                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                            Present :      Mr. Harsh Chopra, Advocate for the petitioners.



                            ALKA SARIN, J. (ORAL)

The challenge in the present civil revision petition under Article

227 of the Constitution of India is to the order dated 25.04.2022 (Annexure

P-4) passed by the Rent Controller, Chandigarh assessing the provisional

rent @ Rs.3,19,500/ per month.

The provisional rent along with arrears has been assessed as

Rs.92,35,000/- along with interest and costs. Vide order dated 25.04.2022,

the case was adjourned to 21.05.2022 for tendering of the provisional rent.

On the same date, an application was filed by the tenant-petitioners herein

under Order 6 Rule 17 of the Code of Civil Procedure, 1908 for amendment

of the written statement. Since the counsel for the landlord-respondents had

no objection to the said application, the same was allowed and the amended

written statement was taken on the record. It is further noticed in the order

that a request had been made by counsel for the tenant-petitioners that

tenant-petitioner No.1 was not keeping good health and the assessed amount YOGESH SHARMA 2022.07.20 11:44 I attest to the accuracy and authenticity of this order/judgment.

Chandigarh
                             CR-2780-2022 (O&M)                                                       -2-

of arrears of rent is quite high, hence, a long date be given in the 3rd week of

July 2022. Since no objection was made to the said prayer by the landlord-

respondents, the case was adjourned to 21.07.2022 for tendering of the

provisional rent.

Learned counsel for the tenant-petitioners has contended that

the ejectment petition was filed on behalf of petitioner Nos.1 to 22

(respondent Nos.1 to 22 herein) and he was willing to deposit the provisional

rent as assessed, however, it would be difficult to apportion the rent amongst

the landlords (respondent Nos.1 to 22 herein). It is further the contention

that the interest has been calculated at a higher rate.

Heard.

In the present case, there is no ambiguity in the order. The

tenant as per the law laid down by Hon'ble Supreme Court in the case of

Rakesh Wadhawan Vs. M/s Jagdamba Industrial Corporation [2002 (5)

SCC 440] has to tender the rent as per the order assessing the provisional

rent failing which consequences are to follow. In the present case, the

ejectment petition has been filed by 22 co-owners (respondent Nos.1 to 22

herein) and in para 2 of the ejectment petition, it has been stated that besides

22 co-owners who have filed the ejectment petition there are two others who

are co-owners to the extent of 2.5% share each. The amount assessed is to

be accordingly divided and tendered.

Qua the argument raised by learned counsel for the petitioners

that the interest has been calculated at a higher rate, that would be an issue

which can be gone into at the time of final adjudication. YOGESH SHARMA 2022.07.20 11:44 I attest to the accuracy and authenticity of this order/judgment.

Chandigarh
                             CR-2780-2022 (O&M)                                               -3-

In the case of Rakesh Wadhawan's case (supra), it has been

held as under :

"30. To sum up, our conclusions are :

1 to 4 XXX XXX XXX

5. If the final adjudication by the Controller be at

variance with his interim or provisional order passed

under the proviso, one of the following two orders may

be made depending on the facts situation of a given

case. If the amount deposited by the tenant is found to

be in excess, the Controller may direct a refund. If, on

the other hand, the amount deposited by the tenant is

found to be short or deficient, the Controller may pass a

conditional order directing tenant to place the landlord

in possession of the premises by giving a reasonable

time to the tenant for paying or tendering the deficit

amount, failing which alone he shall be liable to be

evicted. Compliance shall save him from eviction."

In view of the law laid down by the Apex Court, if at the time

of final adjudication by the Controller the same is at variance with the

interim or provisional order of assessment, the Controller may direct the

same to be refunded if excess amount has been deposited. If on the other

hand the amount deposited is found to be short, the Controller can pass an

order directing the tenant to place the landlord in possession of the premises YOGESH SHARMA 2022.07.20 11:44 I attest to the accuracy and authenticity of this order/judgment.

Chandigarh
                             CR-2780-2022 (O&M)                                             -4-

by giving reasonable time for paying the deficit.

In view of the above and keeping in view law laid down by

Hon'ble Supreme Court, I do not find any ground to interfere in the present

revision petition which is accordingly dismissed. Pending applications, if

any, also stand disposed off.

Dismissed.

                                                                          ( ALKA SARIN )
                            19.07.2022                                         JUDGE
                            Yogesh Sharma

NOTE : Whether speaking/non-speaking : Speaking Whether reportable : YES/NO

YOGESH SHARMA 2022.07.20 11:44 I attest to the accuracy and authenticity of this order/judgment.

Chandigarh