CR No.2532 of 2009.doc - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.2532 of 2009 (O&M) DATE OF DECISION: 09.12.2009 **** Mohinder Pal . . . . Petitioner VS. Chaudhry Chiranji Lal and another . . . . Respondents **** 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. Ashok Singla, Advocate for the petitioner Mr. J.R. Mittal, Senior Advocate with Mr. Surinder Garg, Advocate for respondents ***** SURYA KANT J.(ORAL) (1). This revision petition is directed by the tenant against the order dated 30.03.2009 passed by the Rent Controller, Faridkot, whereby, the monthly rent of the demised premises has been provisionally assessed at the rate of Rs.2000/- per month. (2). While the case of the respondent-Trust/landlord is that the subject building was constructed in the year 1991 and the tenanted premises, namely, the disputed portion measuring 6160 sq. ft. consisting of four rooms and open space was let out to Mr. Dharam Singh on 29.04.1991 at the monthly rent of Rs.2000/- and a rent note to this effect is duly executed, the petitioner asserts himself to be a direct tenant since the year 1962 on payment of only CR No.2532 of 2009.doc - 2 - Rs.600/- as annual rent. In support of his plea the petitioner relies upon certain rent receipts and Assessment Register of the Municipal Committee for the year 1979-80 and 1984-85. (3). As there is a substantial variation in the rate of rent claimed by both the parties, one has to look into the other attending circumstances even for the purpose of forming a tentative opinion. It is the positive case of the Trust that the building has been constructed in the year 1991. Admittedly the rented premises is measuring 6160 sq.fts. consisting of 4 rooms with open space. (4). Keeping in view the size of the area under the tenancy or sub-tenancy of the petitioner, it is too difficult to believe, at this stage, that the agreed rent for the same would be Rs.600/- per year only. (5). Be that as it may, the Rent Controller, Faridkot has assessed the rate of rent provisionally and since the petitioner has disputed the same, a specific issue to this effect shall be framed and decided. Till then, the petitioner shall continue to pay the provisional rent as assessed by the Rent Controller, Faridkot. Suffice it to say that if the plea of the petitioner is accepted, the excess amount, if any, shall be refunded to the petitioner-tenant and/or adjusted against the future rent. (6). The petitioner, if already has not tendered, may be gratned at least two weeks’ time to tender the arrears of rent as CR No.2532 of 2009.doc - 3 - assessed by the Rent Controller vide its order dated 30.03.2009. (7). Disposed of. (8). Dasti. (SURYA KANT) JUDGE 09.12.2009 vishal shonkar