The Rent Controller has no jurisdiction to extend time for payment of provisional rent or to grant further time for tendering rent in case of disagreement with the tenant's re-assessment application.

Rakesh Kumar Jain, J.

1. The questions involved in this case is "(i) Whether the Rent Controller has any jurisdiction to extend time for tendering the provisional rent ?; (ii) whether the Rent Controller has jurisdiction to further extend time to tender rent in case of disagreement with the tenant on his application regarding re-assessment ?".

2. The landlord is in revision against the order dated 11.8.2010 by which the Rent Controller had extended time for tendering the provisional rent.

3. The brief facts of this case are that landlord filed petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the Act) on 27.10.2008 seeking ejectment of the tenant on the ground of personal necessity and non-payment of rent w.e.f. 1.9.2008 @ Rs. 14500/-. The tenant filed written statement contesting both the grounds of the ejectment and alleged that the rent was not Rs. 14,500/- but Rs. 7250/- per month and was not in arrears. The landlord filed replication, denying the averments made in the written statement and reiterated the contents of the ejectment petition. On 18.1.2010, the learned Rent Controller passed an order of assessment of provisional rent. The operative para reads as under :

"So, in view of these facts, the rent is provisionally assessed in this case w.e.f. 1.9.2008 till 31.1.2010 @ Rs. 14,500/- per month along with interest @ 6% per annum. The cost of litigation is assessed as Rs. 1000/-. However, it is made clear that any difference in the rate of rent shall be adjusted at the time of final order. Now to come up on 10.2.2010 for payment of rent provisionally assessed today and framing of issues."

4. Aggrieved against the assessment of the provisional rent, the tenant filed CR No. 842 of 2010 titled as "Maninder Singh v. Mrs. Birinder Khuller" in which following order was passed on 8.2.2010 :

"The learned counsel for the petitioner states that this petition may be dismissed as withdrawn, with liberty to raise a plea that the petitioner had made certain excess payment which is liable to be adjusted in the rent payable in future. It will be open to the petitioner to raise the excess payment plea before the learned Rent Controller and the plea, if raised, shall be disposed of in accordance with the law. Dismissed as withdrawn, with liberty aforementioned. Copy of the order be given to the petitioner dasti on payment of usual charges"

5. As a matter of fact, order dated 18.1.2010 was not disturbed by the Revisional Court consequent upon the withdrawal of the revision petition by the tenant. However, liberty was given to him to raise plea of excess payment before the Rent Controller, who was directed to dispose of the same in accordance with law, if raised.

6. The tenant, however, neither tendered provisional rent on 10.2.2010 as stipulated vide order dated 18.1.2010 nor prayed for extension of time. He rather filed an application on that date for re-assessment of provisional rent basically relying upon the order of the High Court in CR No. 842 of 2010. On that day, the learned Rent Controller passed the following order :

"Present: Counsel for the parties. An application for reassessment of rent is filed by counsel for respondent. Copy stands supplied. Now to come up on 15.3.2010 for filing its reply. Sd/- RC/10.2.2010"

7. The landlord filed reply to the application for reassessment of provisional rent in which preliminary objection was taken that the said application is not maintainable. The tenant has made himself liable to be ejected in terms of the judgment of the Supreme Court in the case of "Rakesh Wadhawan and others v. M/s Jagdamba Industrial Corporation and others" 2002(1) R.C.R.(Rent) 514 : JT 2002 (Suppl.1) SC 11. It was also alleged that there is no provision for review and the High Court has not set aside the order of provisional assessment dated 18.1.2010. On 15.3.2010, the Rent Controller passed the following order :

"Present : Sh. R.S. Walia, Cl. for the petitioner. Sh. Ra