Piara Lal vs Manimajra Co-Operative ...
2022 Latest Caselaw 1721 P&H

          IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                         CHANDIGARH

230
                                                         CR-3940-2017(O&M)
                                                      Date of Order: 16.03.2022

PIARA LAL                                                        ..Petitioner

                                    Versus

THE MANIMAJRA CO-OPERATIVE MARKETING-CUM-
PROCESSING SOCIETY LTD.                 ..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL Present: Mr. Vivek Kathuria, Advocate for the petitioner.

Mr. Dinesh Kumar Chaudhary, Advocate for respondent.

ANIL KSHETARPAL, J(Oral)

The hearing of the case is being held through video conferencing

on account of restricted functioning of the Courts.

The petitioner's eviction has been ordered by the Appellate

Authority on the ground that he has failed to pay the increased rent.

The provisions of the East Punjab Urban Rent Restriction Act,

1949, have been interpreted by the Supreme Court in "Rakesh Wadhawan

and others Vs. M/s Jagdamba Industrial Corporation and others, 2002(5)

SCC 440". It has been held that if there is a difference in the final order as

well as provisional order of assessment and some more amount is payable by

the tenant, then an opportunity to pay the arrears is required to be given to the

tenant.

The learned counsel representing the petitioner contends that the

Rent Controller dismissed the petition on the ground that the entire arrears

have been paid and the landlord has failed to prove non-payment of rent.

The Appellate Authority held the clause providing for periodical

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CR-3940-2017(O&M) -2-

increase of the rent in an unregistered rent note is enforceable. Therefore, the

Appellate Authority has ordered eviction of the petitioner. On 31.05.2017, the

following order was passed:-

"Counsel inter alia submits that an opportunity should have been given to deposit the rent by the Appellate Authority once it found that there were arrears in view of the judgment in Rakesh Wadhawan and others vs. M/s Jagdamba Industrial Corporation and others, 2002(5) SCC 440.

Notice of motion for 26.10.2017.

In the meantime, dispossession of the petitioner shall remain stayed, subject to the petitioner depositing all the arrears of rent as assessed by the Appellate Authority by 31.07.2017 with the Rent Controller, Chandigarh. Further, the rent for each month will be paid by the 7th of each month. It is made clear that violation of any of the conditions aforesaid would entail automatic vacation of the stay.

Lower Court records be requisitioned."

Sh. Vivek Kathuria, learned counsel representing the petitioner

has stated that the entire amount till date has been paid.

The learned counsel representing the respondent submits that he

has no information.

Keeping in view the aforesaid statement of the learned counsel

representing the petitioner, the revision petition is allowed. The order dated

08.05.2017, is set aside.

The respondent shall have liberty to file an application for recall,

if the petitioner has not deposited the rent.

All the pending miscellaneous applications, if any, are also

disposed of.

March 16th, 2022                                       (ANIL KSHETARPAL)
Ay                                                           JUDGE

Whether speaking/reasoned                 : Yes/No
Whether reportable                        : Yes/No




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