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2012 Supreme(P&H) 581

G.S.SANDHAWALIA
Parshotam Das Goel – Appellant
Versus
Rajender Jain – Respondent


For the Petitioner:Mr. S.S. Swaitch & Mr. Satish Goel, Advocates.
For the Respondent:Mr. Yowan Sharma, Advocate, for Mr. Vikram Singh, Advocate.

JUDGMENT

Mr. G.S. Sandhawalia J.: - The present revision petition filed by the landlord is directed against the order dated 28.11.2011 of re-assessment of provisional rent by the Rent Controller, Safidon.

2. The petitioner-landlord filed an application under Section 13 of the Haryana Urban(Control of Rent and Eviction) Act, 1973 (for brevity, the ‘Act’) for eviction of the respondent-tenant from a single storey shop along with chabutra situated near Muthoot Cooperative Bank, Canal Bridge, Safidon City, Distt. Jind, the boundaries of which were given in the headnote of the ejectment application.

3. The Rent Controller, Safidon, vide order dated 31.10.2011 after taking into consideration the assertions of the landlord that the rate of rent was Rs.9000/- per month and the tenant was in arrears of rent since February, 2009 and the defence of the tenant was that the rate of rent was Rs.4000/- per month and the dues were only for the last 2 months, came to the conclusion that the rate of rent was Rs.5000/- per month and the tenant was in dues from February, 2009 up to September, 2011 and thus assessed a sum of Rs.1,55,000/- as provisional rent till date along with interest @ 9% per annum





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