JUDGMENT

Manjari Nehru Kaul, J.(Oral) - The petitioner is impugning the order dated 10.05.2022 (Annexure P-1) vide which the Rent Controller declined to assess the provisional rent on the ground that there is no landlord and tenant relationship between the parties.

2. Learned counsel for the petitioner submits that the Rent Controller gravely erred while declining the assessment of provisional rent by failing to appreciate that the relationship between the parties stood duly proved from the notarized rent deed (Annexure P-2) dated 04.07.2019. Therefore, in the light of the said rent deed the denial by the tenantrespondent of there being no landlord-tenant relationship would be of no consequence. He submits that the denial by the respondent-tenant qua the existence of a relationship of landlord and tenant between the parties was with an oblique motive, so as to avoid the assessment of provisional rent and also to continue enjoying the demised premises without having to pay the arrears of rent. Learned counsel still further submits that the malafides on the part of the respondent-tenant is evident from the fact that in her written statement the rate of rent was stated to be Rs.60,000/-