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

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 landlord, the shop was let out to the tenant by way of rent agreement dated 12^th of October, 2017 at monthly rent of 18,000/-. As per the agreed terms, the rent was to be increased by 10% after every three years. Landlord claimed that the tenant illegally subletted the demised premises to respondent No.2 without his written consent. Landlord further claimed that the tenant was in arrears of rent for the month of September, 2020.