Vinod K. Sharma, J. (Oral) - The present revision petition has been filed against the order dated 12.10.2006 passed by the learned appellate authority declining the request of the petitioner for assessment of provisional rent.

2. The learned Rent Controller on the question of arrears of rent was pleased to hold as under :-

"Now, the next question arises whether the then Rent Controller ought to have made provisional assessment. In this regard, it may be observed that when the tenant has denied the relationship of landlord and tenant, the Rent Controller is not required to draw a provisional order of assessment and to give an opportunity to make the payment of arrears of rent. Reliance in this regard, may be placed on the observations made in Devender Puri v. B.N. Rampal, PLR 2004(3) 591. In the instant case, the respondent has not tendered the rent, rather it has taken a stand that it has already paid the sale consideration to the bank on account of money owned (owed ?) by the petitioner to the bank. Even RW-1 in his cross-examination has admitted that after January, 1995, they have not made the payment of rent. Hence, the respondent must suffer the ejectment for non-paymen