Shr Atma Nand Jain Sabha Regd vs Mohd Anwar
2024 Latest Caselaw 6085 P&H

Punjab-Haryana High Court

Shr Atma Nand Jain Sabha Regd vs Mohd Anwar on 18 March, 2024

Author: Alka Sarin

Bench: Alka Sarin

                                                                                    2024:PHHC:038530
                            134
                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                         CR-1702-2024 (O&M)
                                                                         Date of decision : 18.03.2024

                            Shree Atma Nand Jain Sabha (Regd.)                             ... Petitioner(s)
                                                               Versus
                            Mohd Anwar                                                   ... Respondent(s)

                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                            Present :    Mr. Imran Farooqi, Advocate for the petitioner.


                            ALKA SARIN, J. (ORAL)

1. The present revision petition has been filed by the landlord

under Article 227 of the Constitution of India challenging the order dated

21.04.2023 (Annexure P-7) passed by the Appellate Authority.

2. The Rent Controller vide order dated 23.03.2023 assessed the

provisional rent under Section 25(2) of the Punjab Rent Act, 1995. The rent

assessed alongwith costs was Rs.1,26,470/-. Aggrieved by the same an

appeal was preferred before the Appellate Authority by the respondent. The

Appellate Authority vide order dated 21.04.2023 had adjourned the case and

the same admittedly is still pending. The order dated 23.03.2023 was stayed

by the Appellate Authority only to the extent of the escalation clause with a

direction to the respondent to pay the rent @ Rs.4,000/- per month

alongwith interest and costs.

3. Learned counsel for the petitioner would contend that the

escalation clause ought to have been taken into consideration while

assessing the provisional rent as rightly done by the Rent Controller.

integrity of this order/judgment.

                                                                                      2024:PHHC:038530
                            CR-1702-2024 (O&M)                                                     -2-

4. I have heard the learned counsel for the petitioner.

5. In the present case the appeal is admittedly still pending before

the Appellate Authority. Vide order dated 21.04.2023 the order dated

23.03.2023 was stayed by the Appellate Authority only to the extent of the

escalation clause with a direction to the respondent to pay the rent @

Rs.4,000/- per month alongwith interest and costs, failing which the stay

order would stand vacated. The learned counsel for the petitioner is unable

to point out any illegality or irregularity in the impugned order coupled with

the fact that the appeal is still pending.

6. In view of the above, the present revision petition being devoid

of any merits is accordingly dismissed. Pending applications, if any, also

stand disposed off.

                            18.03.2024                                  ( ALKA SARIN )
                            Yogesh Sharma                                    JUDGE

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

integrity of this order/judgment.