##PAGE1##

C.R. No.9724 of 2025 (O&M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

115 C.R. No.9724 of 2025 (O&M)

Decided on:23.12.2025

Manbir Kaur Dhaliwal …Petitioner

Versus

Atul Sharma …Respondent

CORAM: HON’BLE MR. JUSTICE AMARINDER SINGH GREWAL

Present: Mr. G.S. Dhaliwal, Advocate

for the petitioner.

****

AMARINDER SINGH GREWAL, J. (Oral)

1. The present civil revision petition has been filed under Article

226/227 of the Constitution of India for setting aside the order dated 27.11.2025

(Annexure P-7) passed by the learned Judicial Magistrate 1^st Class, SAS Nagar,

Mohali vide which defence of the respondent-tenant has been struck off due to

non-payment of provisionally assessed rent, instead of passing order of eviction

against him.

2. Succinctly, the facts of the case are that the petitioner-landlord had

rented out his flat bearing No.106 in Block 7 of Mohali Employees Cooperative

Housing Building Society, situated at Sector 68, SAS Nagar to the respondent-

tenant. Since the respondent-tenant fell into arrears of rent and other dues, the

petitioner-landlord filed an eviction petition under Section 20 of the Punjab

Rent Act, 1995. On 01.11.2025, the learned Rent Controller assessed the

provisional rent payable from 01.08.2024 to 30.10.2025, along with interest, at

₹2,90,462/-, and adjourned the matter to 27.11.2025 for payment of the

aforesaid provisional rent by the respondent-tenant. On 27.11.2025, learned

counsel for the respondent–tenant made a statement that the respondent was

1 of 4

::: Downloaded on - 11-01-2026 15:05:54 :::

C.R. No.9724 of 2025 (O&M) -2-

ready with a sum of ₹1,00,000/- as partial tender towards the provisionally

assessed rent; however, the petitioner–landlord declined to accept the same, as

the offer was not acceptable to him. Consequently, the defence of the

respondent–tenant was struck off, and the case was adjourned to 22.12.2025 for

recording the evidence of the petitioner–landlord. Aggrieved by the order dated

27.11.2025, the petitioner has approached this Court by way of the present

revision petition.

3. Learned counsel for the petitioner submits that since the

respondent-landlord has failed to comply with the order dated 01.11.2025

passed by the learned Rent Controller, as he failed to tender the provisional rent

so assessed, an eviction order ought to have been passed by the learned Rent

Controller instead of striking off the defence of the respondent-tenant and

keeping the matter for evidence of the petitioner-landlord. In support of his

contention, he relies upon the judgment passed by a Coordinate Bench of this

Court in Santosh Kumar Vs. Santosh Rani 2025(1) RCR (Rent) 429 to contend

that non-payment of provisionally assessed rent on the first date of hearing after

assessment by the Rent Controller warrants an eviction order under the Punjab

Rent Act, 1995. Thus, he prayed for setting aside the order dated 27.11.2025

passed by the learned Rent Controller.

4. Heard.

5. A perusal of the impugned order dated 27.11.2025 clearly reveals

that the respondent-tenant had offered Rs.1 lakh to the petitioner-landlord as

partial tender towards provisionally assessed rent, which offer was turned down

by the petitioner-landlord and in this eventuality, the learned Rent Controller

has struck off the defence of the respondent-tenant and fixed the matter for

2 of 4

::: Downloaded on - 11-01-2026 15:05:55 :::

C.R. No.9724 of 2025 (O&M) -3-

22.12.2025 for recording evidence of the petitioner-landlord. There is no

dispute with the law settled that after determination of provisional rent, in case,

a tenant fails to deposit the same, then nothing remains to be done and order for

ejectment has to be passed. However, in the present case, the respondent–tenant

had offered a partial tender of the provisionally assessed rent, which was

refused by the petitioner–landlord. It is further pertinent to note that eviction has

been sought not only on the ground of non-payment of rent but also on the

ground of personal necessity. The order assessing prov