Sumit alias Sumit Dudlani vs Hans Raj - 2025 Supreme(P&H) 1561

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2025 Supreme(P&H) 1561

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
PANKAJ JAIN
Sumit alias Sumit Dudlani – Appellant
Versus
Hans Raj – Respondent

Advocates Appeared:
For the Petitioner:Mr. Lajpat Rai Sharma, Advocate
For the Respondent:Mr. Manish Joshi, Advocate

Table of Content
1. tenant's non-payment and landlord's eviction petition. (Para 1 , 2 , 3 , 4 , 5)
2. appellate authority's findings on eviction grounds. (Para 7)
3. tenant's duty to pay rent during proceedings. (Para 9 , 10)
4. assessment of provisional rent under the act. (Para 12 , 14)
5. jurisdiction of appellate authority to remand matters. (Para 16 , 17)
6. final ruling on tenant's liability and orders. (Para 21 , 22 , 23)

JUDGMENT :

PANKAJ JAIN, J.

1. Landlord is in revision aggrieved of order passed by Appellate Authority, dated 29^th of July, 2023 whereby Appellate Authority allowed the appeal preferred by tenant setting aside judgment and order of provisional assessment of rent passed by Rent Controller and remanded the matter back to the Rent Controller directing him to re-assess the provisional rent.

2. For convenience, the parties hereinafter are referred to by their status, i.e. the petitioner as ‘landlord’ and respondent No.1 as ‘tenant’.

3. Landlord filed eviction petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1976 (hereinafter referred to as ‘the Act of 1976’) seeking ejectment of tenant from demised premises in form of shop. As per landlor