2012 Supreme(P&H) 128
2012(2) LAW HERALD (P&H) 977
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Rakesh Kumar Jain
CR-545 of 2012 (O&M)
Smt. Navjeet Chadha & Ors.
v.
Ravinder Sandhu
{Decided on 24/01/2012}
For the Petitioners:Mr. D.S. Patwalia, Advocate.
For the Respondent-Caveator:Mr. Chetan Mittal, Sr. Advocate, with Mr. Vishal Garg, Advocate.
Headnote:East Punjab Urban Rent Restriction Act, 1949, S.13--Eviction--Provisional Rent--Assessment of--Enhanced rent--Registered lease deed--Clause for extention of lease period subject to completion of negotiation, two months prior to expiry of lease period and in case of non-agreement, an amount was fixed as rent payable by tenant--Since this condition was accepted by the tenants who have not challenged the same in the written statement as a penal provision, the protection of Section 7 of the Act is not available to them--Provisional Rent assessed as that amount, upheld.
Mr. Rakesh Kumar Jain, J.: - The tenants are in revision.
2. The landlady let out SCF No.3, Sector 9D, Chandigarh to the tenants initially @ Rs.55,000/- per month with 6% increase per annum till the expiry of lease on 31.07.2007 but before expiry of the said lease, the tenants got the lease extended through a registered lease deed dated 09.05.2007 for another 3 years which was to expire on 31.07.2010. The three years’ lease had started w.e.f. 01.08.2007 as per which the tenants were to pay the rent as under:
Period Rate of rent
01.08.2007 to 31.07.2008 Rs.77,034/- per month
01.08.2008 to 31.07.2009 Rs. 77,416/- per month
01.08.2009 to 31.07.2010 Rs. 82,060/- per month
3. It was further agreed in para no.5 of the lease deed “that in case the lessees do not vacate the premises at the end of 3 years from the date of commencement of the lease period i.e. by 31.07.2010 and no mutual agreed terms are settled between the lessor and the lessees on or before 01.05.2010 the lessees will be liable to pay rent of Rs.1,50,000/- per month, and the lessor can take over the premises from the lessees.” Admittedly there was no extension of lease after 31.07.2010, rather the landlady had filed the eviction petition, inter alia, on the grounds of non-payment of rent, material impairment and personal necessity. In the written statement dated 07.01.2011, it was alleged that “on the expiry of tenure of this lease deed, the petitioner asked respondent No.3 to increase the rate of rent. A meeting was held between the petitioner, respondent No.3 and Sh. Sanjeev Lall a common friend of both the parties. During this meeting, the petitioner demanded the rent @ Rs.1,20,000/- per month with increase by 7% every year for the next three years and after expiry of three years, the rate of rent as Rs.5 lacs per month for the next one and half year and on the expiry of said period of one and half year, the rent will be 7% on Rs. 5 lacs. This demand of payment of Rs.5 lacs was not acceded to by respondent No.3. On this the petitioner stated that she will send a draft of lease deed having tenure of four and half years. Thereafter, a copy thereof was sent by the petitioner to respondent No.3. As the whole motive of the petitioner was to have higher rate of rent, the respondent No.3 in presence of Mr. Sanjeev Lall, a common friend to the parties to the petition, again had a meeting with the petitioner and respondents agreed to pay rent @ Rs.1,20,000/- per month with increase of 7% every year but did ot agree to pay rent Rs.5 lacs per month in the manner stated above. No final settlement was made and immediately after some days, the petitioner preferred the present petition.” The landlady filed replication and denied the aforesaid averments of the written statement.
4. The learned Rent Controller, vide its order dated 29.11.2011, assessed the provisional rent in the following manner:
Rent @ Rs.1,20,000/- per month Rs.19,20,000/-
from 01.08.2010 to 30.11.2011
(16 months)
Interest @ 6% p.a. Rs. 81,600/-
Cost Rs.2,000/-
Total Rs.20,03,600/-
5. The tenants were asked to pay the provisionally assessed rent on 06.01.2012. The tenants filed a Review Application dated 13.12.2011 which was dismissed by the learned Rent Controller vide its order dated 16.12.2011. Both the tenants as well as the landlady filed their respective appeals against order of the assessment of the provisional rent as the landlady was also not satisfied with the amount of Rs.1,20,000/- per month as she was claiming the rent @ Rs.1,50,000/- per month in terms of Clause 5 of the rent agreement dated 09.05.2007. The learned Appellate Authority, vide its impugned order dated 06.01.2012, dismissed the appeal of the tenants and while allowing the appeal of the landlady assessed the provisional rent @ Rs.1,50,000/- per month instead of Rs.1,20,000/- per month. The tenants have challenged the impugned order passed by the learned Appellate Authority in this revision petition, inter