Civil Revision No. 7162 of 2009 1 ****** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 7162 of 2009 Date of decision : 25.5.2010 Sh. Vishva Sharva Talwar Malik ....Petitioner Versus Devinder Singh Aulakh ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. V.K.Jindal, Advocate for the petitioner. Mr. S.K.Pipat, Senior Advocate with Mr. Ramanjit Singh, Advocate for the respondent S. D. ANAND, J. It is apparent from a perusal of the impugned order, vide which provisional rent etc. was assessed, that there is no controversy about the rate at which rent was payable. However, there was indeed controversy about the period for which it was payable. The landlord had claimed rent for the period 1.4.2004 to 30.12.2006. The tenant had relied upon an order dated 10.3.2009 vide which the learned Rent Controller, Chandigarh had held that the rent had been paid by the tenant to the landlord for the period upto February, 2007. Copy of that order has been placed on record as Annexure P-6 wherein following observation has been made by the learned Rent Controller:- “Entries of the said statement of account, prima-facie Civil Revision No. 7162 of 2009 2 ****** shows that rent upto February, 2007 has been paid by the respondent to the petitioner”. It is apparent, from a perusal of the material obtaining on the file, that though the learned Rent Controller noticed the factum of order dated 10.3.2009, it did not examine and indicate the effect thereof upon the period for which the rent was payable. The petition shall stand allowed. The impugned order shall stand set aside. The parties, through their learned counsel, are directed to appear before the learned Rent Controller on 7.6.2010. The learned Rent Controller shall grant an order afresh in the matter of assessment of provisional rent. This Court would hope and trust that the order would be exhaustive in character. May 25, 2010 (S. D. ANAND) Pka JUDGE