Judgment :

Nidhi Gupta, J.

Challenge in the present revision petition filed by the tenant-petitioner is to the order dated 25.03.2025 passed by the learned Appellate Authority, Fatehgarh Sahib, whereby the appeal filed by the petitioner against the judgment/order dated 02.11.2023, rendered by the learned Rent Controller, was dismissed.

2. Brief facts of the case are that the respondent-landlords had filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as 'the Act') for eviction/ejectment of the petitioner-tenant from the demised premises. Eviction of the petitioner was sought on account of: a) non-payment of rent from the year 1992; and b) bona fide necessity of the landlords. Vide order dated 02.11.2023 the learned Rent Controller, Khamanon, allowed the ejectment petition filed by the respondent-landlords and the petitioner-tenant was granted one month's time to hand over the vacant physical possession of the demised premises to the respondent-landlords. Feeling aggrieved against the aforesaid order of eviction, the petitioner had filed an appeal dated 13.12.2023 before the learned Appellate Authority, Fatehgarh Sahib, which was dismissed vide impugned order dated 25.03.2025.

3. Learned counsel for the petitioner-tenant, inter alia, submits that the impugned orders deserve to be set aside as, in the application filed by the respondent-landlords under Section 13 of the Act, the learned Rent Controller, vide order dated 02.05.2017 (Annexure P-1) had assessed the Provisional Rent @ Rs. 1,000/- per month w.e.f. January, 1992 till date i.e. for 305 months. Resultantly, the arrears of rent to be paid by the petitioner were calculated to be Rs. 5,39,325/-. It is submitted that the said order was assailed by the petitioner before the learned Appellate Authority; and vide order dated 21.08.2017 (Annexure P-2) passed by the learned Appellate Authority, appeal of the petitioner was dismissed. The aforesaid orders dated 02.05.2017 and 21.08.2017 (Annexures P-1 and P-2, respectively) were challenged by the petitioner-tenant before this Court by way of CR-6390-2017. Vide order dated 19.09.2017 (Annexure P-3), this Court had remanded the matter back to the learned Appellate Authority for decision afresh. Pursuant to same, the learned Appellate Authority, vide order dated 11.01.2018 (Annexure P-4) directed the learned Rent Controller to make fresh assessment of the Provisional Rent to be payable by the petitioner. However, the ld. Rent Controller, vide order dated 04.10.2023 (Annexure P-5) again assessed the Provisional Rent payable by the petitioner @ Rs. 1,000/- per month w.e.f. 01.01.1992 to 30.09.2023; and the arrears now payable by the petitioner were calculated to be Rs. 7,21,026.50 paisa.

4. It is submitted that subsequently, vide impugned order dated 02.11.2023, the eviction of the petitioner was ordered from the demised premises. The said order was challenged by the petitioner before the learned Appellate Authority and vide another impugned order dated 25.03.2025, the appeal filed by the petitioner has also been dismissed.

5. Learned counsel for the petitioner-tenant contends that by way of filing appeal before the learned Appellate Authority, the petitioner had also laid challenge to the order dated 04.10.2023 (Annexure P-5) whereby the learned Rent Controller had re-assessed the Provisional Rent to be paid by the petitioner. However, perusal of the impugned order dated 25.03.2025, shows that no consideration has been afforded by the learned Appellate Authority as to whether the Provisional Rent has been properly assessed by the learned Rent Controller vide order dated 04.10.2023 (Annexure P-5). It is submitted that in fact, at no stage have the learned Authorities below considered the correctness of the provisional rent. As such, the petitioner has been foisted with an exorbitant liability. It is contended that in this short view of the matter, the eviction order could not ha