The court upheld the provisional rent assessment and eviction order, emphasizing the tenant's obligation to comply with rent orders to avoid eviction.

JUDGMENT

Mrs. Sukhvinder Kaur, J.

This order will dispose of two cases bearing CR-327-2024 and CR-329-2024 the same being the connected matters and both arising out of CIS Case No. Rent 230/2022 pending before the Rent Controller, Jalandhar.

By way of revision petition (CR-327-2024), the petitioner has challenged order dated 04.05.2023 passed by learned Rent Controller, Jalandhar, whereby the provisional rent has been assessed and order dated 02.11.2023 passed by Appellate Authority, Jalandhar, dismissing the appeal against the said order dated 04.05.2023. In revision petition (CR-329-2024), the order dated 07.07.2023, passed by learned Rent Controller, whereby eviction of the petitioner has been ordered due to non payment of provisional rent and order dated 02.11.2023 passed by the Appellate Authority, dismissing the appeal against the said order, have been challenged.

2. The brief facts relevant for the adjudication of the present revision petitions are that the respondent Trust file a petition under Section 13 of the East Punjab Urban Restriction Act for eviction of the petitioner from a portion consisting of two rooms in House No.377, Street No.8, Central Town, Jalandhar. As per the case of the respondent Trust (petitioner in said rent petition) the revision petitioner is tenant under the respondent-trust since April, 2008, who had given two rooms as shown in red colour in the site plan at the monthly rent of Rs.1600/- per month and the rent was required to be paid in advance by 7th of every month. The revision petitioner was also liable to pay electricity charges and water charges as per the consumption. Vide the aforesaid rent petition, the respondent trust had sought ejectment of revision petitioner on the ground of non payment of rent since July, 2010 @ Rs.1600/- per month and ceased to occupy and also having caused damage to the demised premises. The rent was claimed from the revision petitioner since July, 2010 as the same had not been paid by him since then and the ejectment was sought on the aforesaid grounds.

3. Notice of said petition was issued to the revision petitioner (respondent in the original rent petition), who filed written statement denying the relationship of landlord and tenant between the parties. It was also alleged in the preliminary objections that three different persons were in possession of property and Daya Shankar Pandey is still in continuous possession in his own capacity, whereas revision petitioner is in possession without interference of anyone in his own capacity, for the last more than 30-35 years and also have Aadhar Card, Ration Card and Voter Card. The factum of rate of rent @ Rs.1600/- per month was also denied by taking the plea that the question of tenancy does not arise at all. Rejoinder was also filed by the respondent-trust denying the pleas of the written plea filed by the revision petitioner while reasserting the stand taken in the rent petition.

4. After hearing learned counsel for the parties, learned Rent Controller assessed provisional rent amounting to Rs.1,73,360/- along with interest and cost vide order dated 04.05.2023, which was assailed by way of preferring the appeal before the Appellate Authority, Jalandhar, which was also dismissed vide order dated 02.11.2023 by the Appellate Authority.

5. When the revision petitioner failed to tender the said provisional rent then the learned Rent Controller, Jalandhar passed ejectment order dated 07.07.2023, which was again assailed by the revision petitioner by preferring an appeal before the Appellate Authority, Jalandhar which was dismissed vide order dated 02.11.2023. Hence the petitioner knocked the doors of this Court by way of filing these revision petitions.

6. Learned counsel for the petitioner has contended that despite the fact that the petitioner has denied the relationship of landlord and tenant and the respondent trust did not produce on record an iota of evidence to show its ownership or capacity as landlord, whil