CR No.5858 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.5858 of 2009 Date of decision : 16-11-2009 Sohan Singh and another ....Petitioners VERSUS Shivani and others ....Respondents CORAM:- HON'BLE MR. JUSTICE SURYA KANT Present: Mr. Anil Kumar Garg, Advocate, for the petitioners. SURYA KANT J.(Oral) The petitioners are the tenants. They are aggrieved at the order dated 03.10.2009 passed by the learned Rent Controller, Maler Kotla whereby provisional rent @Rs.500/- per month has been assessed and they have been directed to tender the arrears thereof along with Rs.1,000/- as cost etc. The petitioners' grievance is that since they have denied the relationship of landlord and tenant, they cannot be asked to tender the arrears of provisional rent, as assessed. On the asking of the court, they have filed an affidavit to face legal consequences if the relationship of landlord and tenant between the parties is proved. Notice of motion was issued and it is stated that some of the CR No.5858 of 2009 -2- respondents have been served. No one, however, appears on their behalf. I have heard learned counsel for the petitioners and perused the impugned order. No tenant can be permitted to wriggle out of the responsibility of paying the rent to his true landlord. Assuming that the petitioners have disputed the relationship, still they are not absolved of their responsibility to pay the rent to the true landlord. Consequently, the revision petition is disposed of, with a direction that the petitioners shall tender the arrears of rent as provisionally assessed by the Rent Controller before 30.11.2009. However, the tendered amount shall be released by the Rent Controller in favour of the respondents on furnishing adequate security and without prejudice to the petitioners' right to question the relationship of landlord and tenant. In other words, the Rent Controller shall be required to go into the question of relationship between the parties and in case, it is found that the respondents are not the landlords, the necessary orders regarding refund of amount, if any, paid by the petitioners shall be passed. In case, the petitioners do not tender the arrears of rent, the same will take its own course. Disposed of. Dasti. (SURYA KANT) 16.11.2009 JUDGE manju