The court emphasized the importance of evidence and the need for arguments to be based on the written statement.

JUDGMENT

Alka Sarin, J. - The challenge in the present revision petition is to the order dated 15.11.2021 passed by the Rent Controller assessing the provisional rent @ Rs.47,000/- per month from 01.10.2017 till 30.11.2021 along with interest and costs totalling Rs.26,51,625/- and to the order dated 21.12.2021 passed by the Appellate Authority whereby the appeal preferred by the tenant-petitioner against order dated 15.11.2021 has been dismissed.

2. The facts in brief, as available on the file and from the zimni orders available on the website of the District Court, Chandigarh, are that the landlady-respondent had filed an ejectment application seeking eviction of the tenant-petitioner from the premises in dispute on the ground of nonpayment of rent. Vide impugned order dated 15.11.2021 the Rent Controller provisionally assessed the arrears of rent from 01.10.2017 till date (30.11.2021) @ Rs.47,000/- per month totaling Rs.23,50,000/-, interest was assessed at Rs.2,99,625/- and costs were assessed at Rs.2,000/-. The matter was adjourned to 23.12.2021 for payment of the provisional rent. The tenant-petitioner filed an appeal (RA-37-2021) against the order dated 15.11.2021 passed by the Rent Controller. However, vide impugned order dated 21.12.2021 the said appeal was dismissed.

3. On 23.12.2021 the Rent Controller passed an ejectment order (Annexure P-7) against the tenant-petitioner for having failed to make payment of the provisionally assessed arrears of rent.

4. On 23.12.2021 the tenant-petitioner filed an application before the Appellate Authority for review of the order dated 21.12.2021 passed in RA-37-2021 whereby his appeal against the order dated 15.11.2021 was dismissed. On 21.01.2022 the tenant-petitioner filed an appeal (RA-11-2022) before the Appellate Authority against the ejectment order dated 23.12.2021 (Annexure P-7). On 09.03.2022 the Appellate Authority passed the following order in the said appeal (RA-11-2022) :

'Vakalatnama by the learned counsel for the respondent filed. Reply to the application under Order 39 Rule 1 & 2 read with Section 151 CPC filed, copy supplied.

At this stage, it has been revealed by the learned counsel for the parties that one appeal regarding the same case has been decided by the court of Ms. Anshu Shukla, learned Appellate Authority, Chandigarh concerning the assessment of provisional rent. It was further disclosed by the learned counsel for the parties that one review application is still pending before that learned Court-Appellate Authority. On view application is still pending before that learned Court-Appellate Authority. On this, the learned counsel for the respondent has submitted at bar that grounds of challenge in that appeal and the appeal in hand are more or less same and he has no objection in case the present appeal is also dealt with by that learned Court. In these given facts and circumstances of the case, let the present case file complete in all respects be put up before the learned District & Sessions Judge, Chandigarh with the request for passing appropriate orders, on 10.03.2022 at 10:00 AM sharp.

Ahlmad is directed to send the case file complete in all respect well in time.

Parties/their counsel are directed to appear in that learned Court on the date fixed."

5. Thereafter, on 10.03.2022 the learned District Judge, Chandigarh passed the following order :

'Reference made by the Court of Sh. Narender, learned Appellate Authority, Chandigarh has been perused, wherein it is mentioned that the appeal pending between the parties concerning the assessment of rent was decided by the Court of Ms. Anshu Shukla, learned Appellate Authority, Chandigarh and review application is pending there. Accordingly, in the interest of justice, the reference is accepted and the present case bearing RA No.11 of 2022 titled as Capt. Amrit Pal Singh vs. Parveen Guraya is ordered to be withdrawn from the Court of Sh. Narender, learned Appellate Authority, Chandigarh and is transferred to the Court o