Harminder Pal Singh vs Palvinder Singh
2023 Latest Caselaw 1447 P&H

           IN THE HIGH COURT OF PUNJAB AND HARYANA
                        AT CHANDIGARH
125
                                         CR No.477 of 2023 (O&M)
                                         Date of decision: 23.01.2023

Harminder Pal Singh                                        ....Petitioner

                           Versus

Palvinder Singh                                            ....Respondent

CORAM: HON'BLE MR. JUSTICE B.S.WALIA

Present: Mr. Saleem Malik, Advocate for the petitioner.

B.S.WALIA, J.(Oral)

1. Challenge in the instant petition is to order dated 05.05.2022 passed

by the learned Rent Controller, Jalandhar as well as order dated 28.10.2022

passed by the Appellate Authority, Jalandhar making provisional assessment

of rent of the premises in question.

2. Learned counsel contends that the rent @ Rs.10,500/- per

month as per assessment made by the learned Rent Controller in an earlier

ejectment petition was paid by the petitioner upto February 2018 but the

learned Appellate Authority did not consider the same despite receipts in

support of payment of rent upto February 2018 having been produced before

the learned Appellate Authority at the time of arguments.

3. A perusal of paragraph 7 of the judgment of the Rent

Controller, Jalandhar as well as paragraph No.10 of the judgment of the

learned Appellate Authority reveals that the petitioner-respondent had failed

to produce any document such as receipt or acknowledgment of payment of

rent.

4. Faced with the aforementioned position, Learned counsel for

the petitioner seeks permission to withdraw the instant petition with liberty

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CR No.477 of 2023 (O&M) [2]

to move an appropriate application before the Appellate Authority with

regard to proof of payment of agreed monthly rent of the premises in

question @ Rs.10,500/- upto February 2018 as claimed to have been

produced before the Appellate Authority.

5. In view of the position stated above and the statement made by

learned counsel for the petitioner, the instant petition is dismissed as

withdrawn with the liberty as prayed for.

                                                   ( B.S.Walia )
23.01.2023                                            Judge
Meenu


             Whether speaking/non speaking            : Yes/no
             Whether reportable                       : Yes/No




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