CR No.5834 of 2008 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.5834 of 2008 (O&M) DATE OF DECISION: 09.11.2009 **** Pyara Lal . . . . Petitioner VS. Anjana Seth . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Anil Chawla, Advocate for the petitioner Mr. Vineet Sharma, Advocate for the respondent ***** SURYA KANT J.(ORAL) (1). This revision petition is preferred by the tenant against the order dated 17.09.2008 passed by the Rent Controller, Amritsar, whereby, provisional rent of the demised premises has been assessed @ Rs.400/- per month w.e.f. 17.06.2004 and the petitioner has been directed to deposit the arrears thereof, along with interest and costs. (2). The petitioner’s grievance is two-fold. Firstly, it is argued that there is no relationship of landlord and tenant between the parties and secondly, the provisional rent has been assessed on the higher side. (3). Learned counsel for the parties have been heard and the impugned order perused. CR No.5834 of 2008 - 2 - (4). There can indeed be no doubt that the petitioner being a tenant, cannot escape from the responsibility of paying rent. At the same time, the Rent Controller, Amristar is also required to ascertain as to who is the actual landlord to whom the petitioner is liable to pay the rent? Similarly, the question as to what is the rate of rent is also a question of fact to be determined by the Rent Controller, Amritsar at an appropriate stage. (5). The revision petition is, accordingly, allowed in part to the extent that the petitioner is directed to tender the entire arrears of rent as assessed by the Rent Controller, Amritsar, within a period of two months and shall continue to deposit the same in future also. However, the Rent Controller, Amritsar shall release the same only after determining as to who is the actual landlord qua the petitioner. Similarly, if it is found that the provisional rent, as assessed by the Rent Controller, Amritsar, is on the higher side, the excess payment shall either be refunded to the petitioner and/or the same be adjusted against the future rent. (6). Dasti. (SURYA KANT) JUDGE 09.11.2009 vishal shonkar