IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6523 of 2025 (O & M)

Date of decision :-16.09.2025 Gurdeep Singh …..Petitioner Versus Shankar Singh …..Respondent CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Vipin Mahajan, Advocate with Ms. Chandanpreet Kaur Ahluwalia, Advocate for the petitioner.

NIDHI GUPTA J. (Oral)

Prayer in the present civil revision is for quashing/modification of the order dated 18.8.2025 (Annexure P-5) passed by the learned Rent Controller, Batala in RP/26/2022 titled as “Shankar Singh vs. Gurdeep Singh” vide which the learned Rent Controller has assessed payment of provisional rent from November, 2016 onwards till August 2025 ignoring the fact that rent upto December, 2019 has already been paid against proper receipts and therefore, the rent already paid for this period of 36 months i.e. November 2016 to December 2019 is required to be deducted from provisional rent assessed by the learned Rent Controller.

It is inter alia submitted by learned counsel for the petitioner/tenant that the petitioner had duly made payments of rent @ Rs.6000/- per month for the period January 2016 to December 2019. It is pointed out that the receipts from the respondent/landlord acknowledging payment of rent for the said period are duly appended herein collectively as Annexure P-6; and this fact was also brought to the notice of the learned Rent Controller by way of averments in para 2(i) of the written statement dated 04.3.2024 (Annexure P-4) filed by the petitioner wherein the petitioner has clearly mentioned that he had made payment of rent to the respondent till December 2019 “on the basis of duly issued receipts”. It is submitted that accordingly the petitioner could not have been held liable to pay or be directed to pay the rent for the said period from January 2016 to December 2019. It is also pointed out that the learned Rent Controller in para 3 of the impugned order dated 18.8.2025 has duly noticed this fact that “on the other hand the onus to prove the payment of rent is on the respondent/tenant, and in this regard he has placed on file copies of receipts to show that he had made payment of alleged rent @ Rs.6000/- per month”. Learned counsel submits that despite noticing the above said facts the petitioner has been directed to make payment of rent from November 2016 onwards. It is submitted that accordingly the impugned order suffers from an error apparent on the face of the record.

Learned counsel for the petitioner to show his bona fide further undertakes to deposit part payment of arrears of rent to the tune of Rs.6,00,000/- on the next date of hearing before the learned Rent Controller on 22.9.2025.

Heard.

The present petition is being disposed of without issuance of notice to the respondent as the same will only further delay the proceedings.

Keeping in view the above said facts as submitted by learned counsel for the petitioner, it would appear that there is an error apparent on the face of the record. Moreover, learned counsel for the petitioner to show his bona fide, has undertaken that against the total provisional rent assessed of Rs.8,07,130/- by the learned Rent Controller in the impugned order dated 18.8.2025, the petitioner will bring Demand Draft for a sum of Rs.6,00,000/- in the name of the respondent/landlord on the next date of hearing fixed before the learned trial Court, which is stated to be 22.9.2025 and hand over the same to the respondent/landlord before the learned Rent Controller.

In view of the above noted facts, the present petition is disposed of; and the learned Rent Controller, Batala is directed to reconsider the matter keeping in view the above said submissions of learned counsel for the petitioner.

Pending application(s), if any, shall stands disposed of.

September 16, 2025 ( NIDHI GUPTA )

JUDGE Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No