IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 06.02.2026 Canara Bank ...... Appellant versus Barinder Kaur (Deceased) through her LRs and ors. ....Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Rakesh Gupta, Advocate for the appellant.

Mr. Sachin Sharma, Advocate Ms. Rakhi Sharma, Advocate and Mr. Surendra Pant, Advocate for the respondents.

****

PANKAJ JAIN, J. (Oral)

1. Defendant is in second appeal.

2. Plaintiff filed suit seeking recovery of Rs.56,56,840/- including Rs. 48,55,680/- as the principal amount against the defendant. 3. The admitted facts leading to the present lis are that the plaintiff inducted defendant as a tenant in a building bearing no.38-A situated at The Mall, Lawrence Road, Amritsar. The total area leased out was approximately 4917 sq. ft. The lease was to remain in operation for 15 years, i.e. till 07.07.2006. Clause 2 of the lease deed further provided as under:-

“This lease shall be in force for a period of 10 years certain from 08.07.1991. The lease shall, however, have the option to continue the lease thereafter for a further period upto five years on the same terms and conditions except rent which is to be increased by 15% as agreed hereto. The lessee shall be at liberty to vacate the said premises at any time during the period of occupation/option on giving 3 months notice. The rent shall be increased by 15% after the block of five years.

The lessee shall pay to the lessor/s in respect of the said premises a monthly rental of Rs.17,209/-, calculated @ Rs.3.50 paise per sq.ft. of the carpet area only; payable within the fifth working day of each succeeding calendar month.”

4. Plaintiff filed eviction petition under Section 13 of the Rent Act, 1949 seeking ejectment of the defendant. One of the grounds pleaded was non-payment of arrears of rent. The provisional rent assessed by the Rent controller was @ Rs.1,51,740/- per month and the defendant was held liable to pay arrears of rent for the period commencing from 07.07.2007 till 07.03.2010. The defendant approached this Court impugning the order of provisional assessment. The defendant under the orders of this Court paid certain amounts on different occasions out of the total rent assessed by the Rent Controller. Defendant however, finally vacated the premises on 28.12.2009. In the eviction proceedings, tenant was ordered to be evicted for having not cleared the provisional rent assessed by the Rent Controller. Thus, the arrears of rent though provisionally assessed by the Rent Controller were never finally adjudicated. Plaintiff thereafter filed the present suit. The Trial Court decreed the suit holding plaintiff entitled to recovery of Rs.56,56,840/- relying upon the order of provisional assessment of rent passed by the Rent Controller.

5. Defendant preferred appeal. The same was dismissed by the Lower Appellate Court initially on the ground of delay. The defendants preferred Civil Revision No.8064 of 2015, which was decided on 26.08.2019. As per the interim order passed by this Court dated 18.01.2016, the defendant further paid an amount of Rs.14,14,210/- i.e. 25% of the decreetal amount vide demand draft bearing No. 583097 dated 04.03.2016. The revision petition was allowed. The matter was remanded back. Lower Appellate Court modified the decree passed by the Trial Court restricting the liability of the appellant-defendant to pay arrears up to the date of his possession, i.e. 28.12.2009.

6. Learned counsel for the defendant-appellant has assailed the findings recorded by the Courts below. He submits that apart from relying upon the order of provisional assessment of rent made by the Rent Controller, Amritsar, there is no adjudication by the Courts below. He submits that in terms of ratio of laid down by Supreme Court in the case of Rakesh Wadhawan vs. Jagdamba Industrial Corporation, 2002 AIR (Supreme Court) 2004, the concept of provisional assessment was read into Section 13 of 1949 Act with an objective t