120 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: 05.03.2026 JAGDISH SINGH ......... Petitioner VERSUS DAVINDER KAUR ..... Respondent CORAM: HON'BLE MR. JUSTICE YASHVIR SINGH RATHOR Present : Mr. Chanakya Batta, Advocate for the petitioner.

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YASHVIR SINGH RATHOR , J. (Oral)

1. This revision petition is directed against the judgment dated 07.02.2026 (Annexure P-7) passed by Appellate Authority, Moga, vide which the appeal filed by the petitioner/tenant against the assessment of provisional rent by the Rent Controller has been dismissed.

2. I have heard learned counsel for the petitioner and have gone through the record.

3. Case of respondent/landlady is that the demised premises was let out to the petitioner/tenant in June, 2020 at a monthly rent of Rs.10,000/- per month with a stipulation that the rent will be increased by 10% every year. As per last rent note executed between the parties, the rate of rent was Rs.12,100/- per month and a rent deed in this regard was executed on 23.05.2023. The house was let out for a period of 11 months and the tenancy has expired. The rate of rent was Rs.12,100/- per month till May, 2024 and respondent has received Rs.1,66,000/- as rent whereas rent to the tune of Rs.2,39,580/- (i.e. Rs.12,100 x 11 =Rs.1,33,100/- (tenancy period) + (Rs.12,100 +Rs.1210) x 8 = Rs.1,06,480/- is due till February, 2025. The total arrears of rent are Rs.2,39,580/- - Rs.1,66,000/-

= Rs.73,580/-.

4. Petitioner/tenant, in his written statement, has admitted the relationship of landlady and tenant between the parties. It has also been admitted that the premises was taken on rent in June, 2020 at the rate of Rs.10,000/- per month, which was to be increased by 10% every year and presently, the rate of rent is Rs.12,100/- per month. However, he took a stand that the rent has already been paid upto 31.05.2025, which has been deposited in the joint bank account of the landlady and her daughter.

5. After hearing the parties, the Rent Controller assessed the provisional rent for the period from 01.06.2023 to 30.09.2025 vide order dated 15.09.2025, which reads as under:-

“1. Arguments on assessment of interim rent heard. The counsel for the applicant has argued that the respondent is in arrears of rent at the rate of Rs. 12,100/- per month w.e.f. 01.06.2023 to 30.09.2025 as the respondent failed to pay the rent despite repeated requests on the part of the applicant.

2. Contrarily, the counsel for the respondent has argued that current agreed rate of rent of shop in dispute is Rs.

₹

12,100/- per month and 1,66,000/- has already been paid by respondent in the bank account of applicant. The respondent is still ready to pay any remaining rent but the applicant has refused to receive it, in order to make a ground for the ejectment of the respondent. Therefore, no ground is made out to assess the interim rent in this case.

3. After hearing the arguments and perusing the file, this court is of the view that there is no dispute with regard to the relationship of landlord and tenant between the parties which stands admitted. Further, there is no dispute regarding the rate of rent also because the respondent has admitted it. Lastly, since the respondent has already paid an ₹

amount of 1,66,000/- during this period, the interim rent for the disputed period is hereby assessed as under:

Period of rent w.e.f. 01.06.2023 to 30.09.2025 i.e. 28 months Total Arrears of Rent : Rs.3,38,800/- Less already paid rent : Rs.1,66,000/- Balance Arrears of rent : Rs.1,72,800/-

Interest at the rate of 15% per annum : Rs.60,480/-

Cost : Rs.2,000/-

Total : Rs.2,35,280/- 4. The case is adjourned to 17.10.2025 for payment of assessed interim rent by respondent to applicant.”

6. Thereafter, petitioner/tenant filed an appeal, which has been dismissed by the learned Appellate Authority.

7. Hon’ble Supreme Court in 2002 (2) RLR 36, “Rakesh Wadhawan Vs M/s. Jagdamba Industrial Corporation”, has held that the Rent Controller shall assess the arrears of