IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.2474 of 2011 (O&M) Date of decision : 05.07.2011 Rajinder Kumar Mehta … Petitioner Versus Jagdish Lal …Respondent CORAM : HON’BLE MR.JUSTICE K.C.PURI Present: Mr.Vivek Aggarwal, Advocate for the petitioner. Mr.Anuj Sharma, Advocate for the respondent. K.C.Puri, J. Challenge made by the landlord-petitioner is the order dated 14.03.2011 (Annexure P-1) passed by the Rent Controller, Chandigarh vide which the provisional rent has been assessed at the rate of Rs.1600/- per month. Landlord-petitioner filed eviction petition under Section 13 of the Punjab Urban Rent Restriction Act, 1949 (as extended and applicable to U.T. Chandigarh) with the allegation that he is landlord of the premises on payment of rent of Rs.3450/- per month. Notice was given to the respondent and he has taken a plea to rebut the contention of the landlord that rent of the said premises is Rs.1600/- per month and the same stands paid upto July, 2010. Petition was resisted and the rate of rent was pleaded as Rs.1600/- per month. Learned Rent Controller vide impugned order assessed the provisional rent at the rate of Rs.1600/- per month which is to be paid w.e.f. March, 2010. The tenant was also ordered to pay interest at the rate of 6% per month with costs of Rs.1000/-. The said order dated 14.3.2011 has been challenged by filing the Civil Revision under Article 227 of the Constitution of India with a prayer to assess the provisional rent at the rate of Rs.3450/-. Civil Revision No.2474 of 2011 (O&M) Learned counsel for the appellant has submitted that in Annexure P-2, Jagdish Lal-respondent made a statement before the police that he is a tenant of the said premises under the petitioner on payment of Rs.3500/- per month. So it is submitted that the Rent Controller should have assessed the rent at the rate of Rs.3450 per month in view of the statement made by the tenant before the police. I have carefully considered the submissions made by learned counsel for the petitioner and have gone through Annexure P-2 which is purported to the statement made before the police authority in some dispute of criminal nature. The authenticity of the said document is to be adjudicated during the course of the trial. The Rent Controller has simply assessed the provisional rent which can be enhanced by the Rent Controller at the conclusion of the trial. In these circumstances, no ground for interference in the order of Rent Controller dated 14.3.2011 is made out vide which provisional rent has been assessed at the rate of Rs.1600/- per month. However, while parting with the order, it is made clear that any observation made above, shall not construe as expression of opinion on the merit of the case. The Rent Controller shall decide the issue of quantum of rent after taking evidence produced by both the parties. A copy of this order be sent to the trial Court. ( K.C. Puri) Judge 05.07.2011 sd 2