MUKUL MUDGAL, J.

1. This reference has been made by a learned Single Judge on february 5, 2007 in view of differing interpretations given by two Single judges of this Court, to the judgment of the Honble Supreme Court reported as Rakesh Wadhawan V. M/s Jagdamba Industrial corporation AIR 2002 SC 2004.

2. In the reference order, the learned Single Judge has made reference to a judgment of this Court in case Rajinder Lal V. Gopal krishan (2006-2) P. L. R.124, which the learned counsel for the petitioner had relied upon to contend that even if the petitioner had failed to pay the arrears of provisional rent as assessed by the learned Rent controller, an opportunity for regular trial has to be given to the petitioner. The view taken by the learned Single Judge in that judgment is contained in para No.18 which reads thus:-

" 18. After harmoniously construing conclusion Nos.4,5 and 6.1, I am of the opinion that the failure to deposit provisional rent assessed will not entail passing of the eviction order. The eviction order can be passed only after conclusion f the trial after giving opportunities or hearing to the parties as required under Sec.13 (2) of the Act. If, however, the