Civil Revision No.6074 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Civil Revision No.6074 of 2009 Date of Decision: 22.10.2009 **** Smt. Sushma . . . . Petitioner VS. Shri Thakur Dass . . . . 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. Rakesh Gupta, Advocate for the petitioner ***** SURYA KANT J.(ORAL) (1). This revision petition is directed against the order dated 10.10.2009 passed by the Appellate Authority, Karnal, whereby, it has been made clear to the petitioner-tenant that in case the arrears of rent are not tendered by him at the rate of Rs.1000/- per month, as determined by the Rent Controller, the ad interim stay shall stand vacated. (2). The record reveals that in an eviction filed by the respondent-landlord, the petitioner-tenant was duly served but on account of her non-appearance on 17th December, 2007, she was proceeded against ex parte. Resultantly, an ex parte eviction order dated 19.01.2009 has been passed and vide that order, the Civil Revision No.6074 of 2009 - 2 - rate of rent at the rate of Rs.1000/- per month has also been determined by the Rent Controller, Karnal. (3). The petitioner-tenant has preferred an appeal, in which the Appellate Authority has granted conditional stay subject to her paying the arrears of rent. The petitioner-tenant, on the other hand, wants to pay rent at the rate of Rs.300/- per month as against Rs.1000/- per month determined by the Rent Controller. (4). Having heard learned counsel for the petitioner at some length, I do not find any merit in this revision petition as no error of jurisdiction has been committed by the Appellate Authority by directing the petitioner- tenant to pay the arrears of rent, determined by the Rent Controller, Karnal. Suffice it to say that the petitioner shall be at liberty to agitate the question of rate of rent before the Appellate Authority at an appropriate stage. (5). Faced with this situation, learned counsel for the petitioner-tenant submits that some more time may be granted to the petitioner to tender the arrears of rent. (6). Having regard to the attending circumstances, it is directed that if the petitioner deposits the entire arrears of rent upto October, 2009 on or before 31st October, 2009 or pay to the respondent-landlord, the ad interim stay, already granted by the Appellate Authority, Karnal vide order dated 10.10.2009 shall Civil Revision No.6074 of 2009 - 3 - not be vacated till the appeal is decided on merits and in accordance with law. (7). Disposed of. (8). Dasti. (SURYA KANT) JUDGE 22.10.2009 vishal shonkar