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2022 Supreme(P&H) 2083

ANIL KSHETARPAL
Krishan Kapoor Alias Pappu – Appellant
Versus
Mukand Lal Bawa – Respondent


Advocates appeared:
Mr. Vaibhav Narang, Advocate, for the Appellant; Mr. Jatin Salwan, Advocate, for the Respondent

JUDGMENT

Anil Kshetarpal, J.(Oral) - The petitioner herein is a tenant. In a petition for his eviction, the rent Controller vide order dated 11.01.2012, assesed the provisional rent while passing the following order:-

    'Hence, keeping in view the abovesaid case law assessment of rent is to be determined as per the application filed by the applicant, hence, it is better in the interest of justice that amount of rent is to be assessed as per the contention made by the applicant without prejudice to the rights of parties, subject to decision of petition and the respondent is directed to pay arrears of rent with effect from 25.04.1995 till the date of filing the petition i.e. 7.12.2010 for 180 months @ Rs.72/- per month as Rs.13540/- and costs as assessed by the Court as Rs.460/- i.e. totalling Rs.14,000/-, whereas interest as well as House-Tax is to be calculated by respondent at one responsibility at the time of tendering the rent. Now to come upon 16.02.2011, for tendering of rent.'

    On 16.02.2012, the petitioner tendered the rent as assessed by the Court by making the following stat

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