Mr. Rakesh Kumar Jain, J.: - This order shall dispose of two revision petitions bearing CR-7096-2011 [for short “first petition”] and CR-7842-2011 [for short “second petition”] both titled as `Dharam Vir Vs. Raj Kumar Book Binder’.

2. In the first petition, the petitioner has challenged orders dated 02.11.2011 (Annexure P-4) and dated 04.11.2011 (Annexure P-6) both passed by the learned Rent Controller, Jalandhar, whereas in the second petition, order dated 05.12.2011 (Annexure P-6) has been challenged which has been passed by the learned Appellate Authority, Jalandhar.

3. Petitioner Dharam Vir is the landlord who is owner of the house in which one room is in possession of Raj Kumar as a tenant. The landlord filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short “the Act”] on 19.12.2008 to which written statement was filed on 12.03.2010 and replication was filed on 28.04.2010. The learned Rent Controller assessed the provisional rent on 05.10.2011 for the period w.e.f. 08.10.1997 to 07.01.2009 @ Rs.525/- per month, amounting to Rs.70,875/-, interest of Rs.24,097.50/- and costs of Rs.500/-, total amounting to Rs.95,472.50/-. The tenant was directed to make the payment of arrears of rent as provisionally assessed on or before 02.11.2011. On the adjourned date, i.e. 02.11.2011 which was the first date of hearing, the following order was passed by the learned Rent Controller:

“Today the petition was fixed for payment of rent and petitioner evidence. But the rent has not been paid and counsel for respondent filed an application that respondent has filed an appeal against the order dated 05.10.2011 and the same is fixed for 03.11.2011. In view of the application moved by the counsel for respondent, the petition is adjourned to 04.11.2011 for payment and further proceedings.”

4. On 04.11.2011, the landlord moved an application for seeking eviction of the tenant for not complying with the order dated 05.10.2011 by which provisional rent was assessed. It was averred therein that the learned Appellate Authority, before whom the appeal is allegedly filed by the tenant against the order dated 05.10.2011, has not stayed the proceedings before the Rent Controller and while admitting the appeal, the case was simply adjourned for 09.11.2011 for arguments. The said application was dismissed by the learned Rent Controller on 04.11.2011 vide its impugned order Annexure P-6 in which he had observed that the Rent Controller, of course, has no jurisdiction to extend the time without there being any reason but since the tenant has filed an application on 02.11.2011, i.e. on the date of first hearing after the assessment of provisional rent, that he had filed an appeal against the order dated 05.10.2011, therefore, that was a sufficient reason for the Rent Controller to have extended time for payment of provisionally assessed rent to 04.11.2011.

5. Aggrieved against the order dated 02.11.2011 (Annexure P-4) by which the learned Rent Controller has extended the time to 04.11.2011 for payment and further proceedings and order dated 04.11.2011 (Annexure P-6) by which the application of the landlord for passing an order of eviction on account of non-payment of provisionally assessed rent has been dismissed, the present first revision was filed in this Court in which notice of motion was issued on 18.11.2011. After the completion of service, vide order dated 23.11.2011, this Court had directed the learned Appellate Authority, before whom the appeal was filed by the tenant against the order dated 05.10.2011, to dispose of the same. The first revision petition was thereafter adjourned and in the meantime, the learned Appellate Authority, Jalandhar, vide its order dated 15.12.2011, allowed the appeal filed by the tenant and reduced the amount of rent to be tendered from Rs.95,472.50/- to Rs.47,986.25/- observing that the rent was to be calculated @ Rs.262.50/- per month which comes to Rs.35,437.50/- on which