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2018 Supreme(P&H) 2637

ANIL KSHETARPAL
Harjiwanpal Singh Gill – Appellant
Versus
Maghi Ram – Respondent


Advocates Appeared:Mr. R.K. Rana, Advocate for the petitioner (in all petitions)
Mr. S.C. Arora, Advocate for the respondent (in CR-7837-2017)

JUDGMENT

Mr. Anil Kshetarpal, J. (Oral) - By this common order, four revision petitions bearing No.CR No.7835, 7836, 7837, 7859 of 2017 shall stand disposed of as counsels have agreed that issue to be determined is common.

2. Learned Rent Controller keeping in view the market rent prevailing in the area assessed provisional rent ignoring the rent receipts produced by the tenant and also ignored the fact that tenancy is approximately 30 years old in all the cases. Appeal preferred against the aforesaid order has been accepted by the learned Appellate Authority and the learned Rent Controller has been directed to re-assess the provisional rent.

3. On 03.08.2018, learned counsel for the petitioner in all the revision petitions had contended that the order passed by the learned Rent Controller assessing provisional rent was not appealable. He referred to a Division Bench judgment of this Court in “Tirlok Singh Anand vs. M/s Prem Chand and Sons and others, [2013(1) Land L.R. 326 (P&H) (DB) : 2013(5) Law Herald (P&H) 3963 (DB)] : 2013 (1) RCR (Civil) 488”.

4. Taking note of the aforesaid binding precedent, learned counsel for the parties were called upon to argue the revision petitions t












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