CR No.5285 of 2010 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.5285 of 2010 (O&M) Date of Decision: 12.05.2011 Roopa Rikhi . . .Petitioner Versus Rajesh Kumar and another . . . Respondents ***** CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN ***** Present: Mr.G.S. Ghuman, Advocate, for the petitioner. Mr.Navkesh Singh, Advocate, for respondent No.1. ***** RAKESH KUMAR JAIN, J (ORAL) This revision petition is directed against the order dated 1.6.2010 by which the learned Rent Controller, Ludhiana has dismissed the application for assessment of the provisional rent on the ground that the respondent/tenant had denied the relationship of landlord and tenant between the parties. The case set up by the petitioner is that vide lease deed dated 15.9.2005, demised premises was let out to the tenant on a monthly rent of `32,000/- with an annual increase of 6%. The tenant was liable to pay rent for the period from 1.10.2005 to 30.9.2006 @ `32,000/- per month, 1.10.2006 to 30.9.2007 @33,920/- per month and 1.10.2007 to 30.9.2008 @ `35,970/-. There is no dispute between the parties that for three years the tenant continued to pay the rent as agreed between them. Thereafter from 1.9.2008, the tenant stopped paying the rent, hence, the landlord had to file petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short ‘the Act’) for seeking eviction of the tenant on the ground of arrears of rent w.e.f. 1.9.2008 to August 2010. During the pendency of the eviction petition, landlord filed an application for assessment of provisional rent. In the written statement, the tenant denied relationship of landlord and tenant and merely on his denial the learned Court below while relying upon a judgment of this Court did not assess CR No.5285 of 2010 (O&M) - 2 - the provisional rent by observing that once the tenant denies relationship of landlord and tenant, provisional rent cannot be assessed. Thereafter, the learned Rent Controller framed issues and fixed the date for evidence. Learned counsel for the petitioner has submitted that impugned order is patently illegal for the reason that on the simple denial of the tenant that the petitioner is not the landlord, the learned Rent Controller has passed the impugned order whereas he has proved prima facie that there was a relationship between the landlord and tenant as per lease deed dated 15.9.2005, according to which tenant has been paying rent for three years and after the expiry of lease deed he had stopped paying the rent. Learned counsel for the respondent No.1 has argued that after the expiry of three years, the relationship of landlord and tenant came to an end and therefore, he has denied his relationship with the landlord. On the pointed question put to him as to who is the landlord, it was answered that Sham Singh is the landlord but he has failed to show any prima facie evidence that when Sham Singh had inducted him as tenant in the demised premises. He has neither shown that he had ever paid any rent to Sham Singh nor did he disclose the particulars of Sham Singh, therefore, the assertions of the learned counsel for respondent No.1 is prima facie misleading and false which requires decision of the learned Rent Controller. Hence, the impugned order dated 01.06.2010 is hereby set aside and matter is remanded back to the Rent Controller, Ludhiana to pass a speaking order after taking prima facie evidence from both the counsel for the parties with regard to relationship of landlord and tenant for the purpose of assessing provisional rent because in such type of cases where the landlord has proved on record that the tenant had entered into the demised premises by virtue of a valid document which has not been denied and the rent is continuously paid for three years but after completion of three years, taking advantage of innocence of the landlord, denied the relationship by keeping possession with him and named some other person as landlord whose particulars are not even brought on record. The duty of the Rent Controller is to find out, prima facie for the purpose of assessment of provisional rent, as to what is the relationship between the parties and should not pass a mechanical order if tenant denies the relationship of landlord and tenant at the time of assessment of provisional rent. CR No.5285 of 2010 (O&M) - 3 - In view of the aforesaid observations, present revision petition is allowed and impugned order is set aside. The matter is remanded back to the Rent Controller to pass a speaking order within two months from the date of receipt of a certified copy of this order. (RAKESH KUMAR JAIN) MAY 12, 2011 JUDGE Vivek