Punjab-Haryana High Court
Raj Kumar vs Balbir Kaur And Ors on 4 January, 2023
120
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-6037-2022 (O&M)
Reserved on : 19.12.2022
Date of Decision : 04.01.2023
Raj Kumar ....Petitioner
VERSUS
Balbir Kaur & Ors. ...Respondents
CORAM : HON'BLE MRS. JUSTICE ALKA SARIN
Present : Ms. Shivya Sehgal, Advocate for the petitioner.
ALKA SARIN, J.
The present revision petition under Article 227 of the
Constitution of India has been filed challenging the order dated 06.09.2022
passed by the Rent Controller, Ludhiana and order dated 21.11.2022 passed
by the Appellate Authority, Ludhiana affirming the order passed by the Rent
Controller with a slight modification.
The brief facts relevant to the present lis are that the landlord-
respondents filed a petition under Section 13 of the East Punjab Urban Rent
Restriction Act, 1949 for ejectment of the tenant-petitioner from the property
in dispute i.e. one shop bearing No.1 built on the ground floor as described
in the petition in detail on the ground of arrears of rent. The relationship of
landlord and tenant was not denied and vide the impugned order dated
06.09.2022 the provisional rent was assessed. Aggrieved by the said order,
YOGESH SHARMA
2023.01.04 13:05
I attest to the accuracy and
an appeal was preferred by the tenant-petitioner which was disposed off vide
integrity of this order/judgment.
Chandigarh
CR-6037-2022 (O&M) 2-
order dated 21.11.2022 wherein the provisional assessment of rent was
upheld with a modification regarding the rate. Aggrieved by the said orders,
the present revision petition has been filed by the tenant-petitioner.
Learned counsel for the tenant-petitioner would contend that the
rent stood paid upto February 2021 @ Rs.300/- per month and that the same
has not been taken into account while assessing the provisional rent.
Heard.
In the present case, though a stand was taken by the tenant-
petitioner that the rent stood paid upto February 2021 @ Rs.300/- per month,
however, it was also admitted that there were no receipts qua the said rent.
Hon'ble the Supreme Court in the case of Rakesh Wadhawan
& Ors. vs. Jagdamba Industrial Corporation & Ors. [(2002) 5 SCC 440]
has held as under :
"30. To sum up, our conclusions are :
1. In Section 13(2)(i) proviso, the words 'assessed by
the Controller' qualify not merely the words 'the cost of
application' but the entire preceding part of the
sentence i.e. 'the arrears of rent and interest at six per
cent per annum on such arrears together with the cost of
application'.
2. The proviso to Section 13(2)(i) of East Punjab
Urban Restriction Act, 1949 casts an obligation on the
Controller to make an assessment of (i) arrears of rent,
(ii) the interest on such arrears, and (iii) the cost of
application and then quantify by way of an interim or
provisional order the amount which the tenant must pay
YOGESH SHARMA
or tender on the 'first date of hearing' after the passing
2023.01.04 13:05
I attest to the accuracy and
integrity of this order/judgment.
Chandigarh
CR-6037-2022 (O&M) 3-
of such order of 'assessment' by the Controller so as to
satisfy the requirement of the proviso.
3. Of necessity, 'the date of first hearing of the
application' would mean the date falling after the date
of such order by Controller.
4. On the failure of the tenant to comply, nothing
remains to be done and an order for eviction shall
follow. If the tenant makes compliance, the inquiry shall
continue for finally adjudicating upon the dispute as to
the arrears of rent in the light of the contending pleas
raised by the landlord and the tenant before the
Controller.
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.
6. While exercising discretion for affording the tenant
YOGESH SHARMA
an opportunity of making good the deficit, one of the
2023.01.04 13:05
I attest to the accuracy and
integrity of this order/judgment.
Chandigarh
CR-6037-2022 (O&M) 4-
relevant factors to be taken into consideration by the
Controller would be, whether the tenant has paid or
tendered with substantial regularity the rent falling due
month by month during the pendency of the
proceedings."
In the absence of any document to show that the rent stood paid
by the tenant-petitioner as alleged, the orders passed by the authorities below
cannot be faulted with. As held in the case of Rakesh Wadhawan (supra),
once the relationship of the landlord and tenant is admitted, an obligation is
cast upon the Rent Controller to make an assessment of the provisional rent
and further that if the final adjudication by the Rent Controller is at variance
with his provisional order of assessment, the Rent Controller can order the
refund of the said amount found to have been paid in excess.
In view of the above, I do not find any illegality or infirmity in
the orders passed by the authorities below. The amount, if at all found to
have been paid in excess, would always be directed to be refunded by the
Rent Controller.
The present revision petition, which is devoid of any merit, is
accordingly dismissed. Pending applications, if any, also stand disposed off.
Dismissed.
( ALKA SARIN )
04.01.2023 JUDGE
Yogesh Sharma
NOTE : Whether speaking/non-speaking: Speaking
Whether reportable: YES/NO
YOGESH SHARMA
2023.01.04 13:05
I attest to the accuracy and
integrity of this order/judgment.
Chandigarh
