Mr. Jaswant Singh, J.: - Petitioner(tenant) is in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act) against the order dated 03.01.2013 passed by the learned Rent Controller, Chandigarh whereby the learned Rent Controller has dismissed the application filed by the petitioner(tenant) for framing of issues and not to assess the provisional rent at this stage.

2. As per averments of the application it was stated by the petitioner(tenant) that since relationship of landlord and tenant has been denied by the tenant therefore, as per the requirement of law, rent should not be assessed at this stage.

3. However, upon notice the respondent(landlord) stated that earlier a suit was filed for permanent injunction between the parties, whereby relationship of landlord and tenant has been admitted by the petitioner(tenant). It was further averred in the reply to the application that the tenant is in huge arrears of rent at the rate of Rs.7 lacs per month with effect from 08.03.2011 and in order to avoid payment of huge amount at this stage, the relationship has been denied in the present petition.

4. After hearing learne