Civil Revision No. 6058 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 6058 of 2008 Date of Decision: 5.11.2008 Adarsh Aggarwal …Petitioner Versus Vishnu Dutt ... Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Ms. Puja Chopra, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) Learned counsel for the petitioner contends that learned Rent Controller, Jalandhar, has specifically held as under:- “...Thus, in view of Ex.R.1 and Ex.R.2 and in view of the absence of cross-examination on this aspect by the counsel for the petitioner, in my considered view, respondent has successfully proved the due rent which was to be paid by him to the petitioner was from 1.9.2002 till 31.7.2005 @ Rs.400/- per month and not w.e.f. 1.8.2002 till 31.7.2005. Moreover, respondent in his written statement has also indirectly admitted his liability to pay arrears of rent from 1.9.2002 till the date of filing of petition. Even, Civil Revision No. 6058 of 2008 2 as per the provisional assessment of rent the respondent has already tendered the rent from 1.9.2002 till 31.7.2005 @ Rs.400/- per month. Therefore, though it has been established that respondent was in arrears of rent from 1.9.2002 till the date of filing of present petition @ Rs.400/- per month and not from 1.8.2002, but he paid the same in the Court. Therefore, it cannot be termed that tender of the rent made by the respondent to the petitioner was short and invalid. Accordingly, issue No.1 is decided partly in favour of petitioner and in favour of respondent and issue No.2 is decided against the petitioner and in favour of respondent. Since arrears of rent have already been cleared by the respondent, therefore, now this ground is not available with the petitioner to seek the ejectment of the respondent”. Learned counsel further states that by ordering that the appellant should deposit Rs.3,00,000/- as a surety bonds, onerous condition has been imposed, to defeat the very right of the appeal. Order of learned Appellate Authority passed on 9.9.2008 is modified to the extent that the petitioner-tenant shall deposit Rs.2,500/- per month before learned Appellate Authority in lieu of the rent to be paid to the landlord. It has been held in M/s Atma Ram Properties (P) Ltd. v. M/s Federal Motors Pvt. Ltd. (2005)1 Supreme Court Cases 705 that learned Appellate Court or Revisional Court can compensate Civil Revision No. 6058 of 2008 3 the landlord once the tenancy has come to an end. Learned Appellate Authority is also directed to dispose off the appeal expeditiously preferably within three months. Amount of Rs.2,500/- shall be paid from the date of passing of the order by learned Rent Controller. Revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge November 5, 2008 “DK”