CR No. 617 of 2013

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

CR No. 617 of 2013 (O&M)

Date of Decision : 19.02.2015

Bhanu Parkash

....Petitioner

Versus

Sharda and others

....Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH

1.

Whether Reporters of the local papers may be allowed to

see the judgment?

2.

To be referred to the Reporters or not?

3.

Whether the judgment should be reported in the digest?

Present:

Mr. Anil Kumar Gahlawat, Advocate

for the petitioner.

None for the respondents.

R.P. Nagrath, J.

Petitioner has invoked the revisional jurisdiction of this

Court under Article 227 of the Constitution of India seeking to set

aside the order dated 18.08.2012 (Annexure P-5) passed by the

learned Rent Controller whereby the application to pass ejectment

order against the respondents on account of failure to deposit the

assessed rent within the statutory period has been dismissed.

2.

The predecessor of the respondents was rented out

two shops on a monthly rent of ` 250/- i.e. @ ` 125/- per month for

each shop. The respondents have inherited the tenancy. The

eviction of the respondents was sought on the grounds inter alia;

that the respondents are in arrears of rent to the tune of ` 9000/-

for the period from 01.09.2005 to 31.08.2008. The other grounds

JITENDER KUMAR

2015.03.13 10:42

I attest to the accuracy and

authenticity of this document

Chandigarh

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of eviction were also taken. The eviction petition was filed in

August, 2008. On 12.03.2011, learned Rent Controller made

provisional assessment of the rent as under:-

“Heard on the application for assessment of the

rent. Learned counsel for both the parties have stated

that at this stage for the purpose of deciding the

provisional assessment of rent, he has no objection if

the rate of rent as alleged by the respondent/tenant is

assessed. Admittedly, it is alleged by the respondent

that the rate of rent is ` 125/- per month per shop in

question and in total ` 250/- and period of arrears is

from 01.09.2005. Ordered accordingly.

It is further ordered that the respondent shall

continue to pay the assessed rent on or before 10^th of

every month during the pendency of the suit with

interest @ 8%. Cost is also assessed at the rate of

` 500/-. Now, the case is adjourned to 26.03.2011 for

payment of assessed rent.”

3.

On 26.03.2011, the respondents did not make the

tender of rent and adjournment was requested by them. The

matter was adjourned to 31.03.2011 for payment of the assessed

rent. On 31.03.2011, however, the respondents are stated to have

made payment of rent alongwith costs and interest and the learned

Rent Controller passed the following order:-

“Tenant has tendered the rent assessed as per

JITENDER KUMAR

2015.03.13 10:42

I attest to the accuracy and

authenticity of this document

Chandigarh

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the order dated 12.03.2011. However, Sh. B.B. Jain,

Advocate for the petitioner has made a statement that

the rent assessed has been tendered after the expiry

of 15 days and is invalid. So he does not accept the

same. Now, the petitioner has refused to accept the

rent assessed. The tenant-respondent is directed to

deposit the same in the court before the date fixed i.e.

16.04.2011 and for filing the replication, if any, and

settlement of issues.”

4.

Thereafter, the petitioner filed an application with a

prayer to learned Rent Controller for passing of the eviction order

as tender of the rent has not been made within the statutory

period. Learned Rent Controller decided the application on

18.08.2012 with the following observations:-

“Heard on the application dated 16.04.2011 filed

by the petitioner stating therein that the provisional rent

was assessed vide order dated 12.03.2011 and the

case was fixed for tender/payment of the rent for

6.03.2011 but on that day, the respondent did not pay

the assessed rent a