Civil Revision No.5226 of 2010 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5226 of 2010 Date of decision: December 3, 2010. Devinder Singh ...Petitioner(s) v. Kamaljeet Singh ...Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri Jasmail Singh Brar, Advocate, for the petitioner(s). Shri Amit Jain, Advocate, for the respondent. Kanwaljit Singh Ahluwalia , J. (Oral): Counsel for the petitioner has assailed the assessment order dated 27.8.2010 (Annexure P-1), on the ground that under a wrong belief, the Rent Controller has observed that the rate of rent has not been challenged. Counsel for the petitioner states that he has disputed the rate of rent and has pleaded that the rate of rent is not admitted as has been stated and assessed by the Rent Controller. Be that as it may, a Coordinate Bench of this Court, while issuing notice of motion on 19.8.2010, had ordered that amount of rent so assessed by the Rent Controller be deposited by the petitioner before the Rent Controller and the same shall not be disbursed to the respondent till further orders. Civil Revision No.5226 of 2010 -: 2 :- Counsel for the petitioner states that in consonance with the order of notice of motion dated 19.8.2010, he has already paid the provisional rent, assessed by the Rent Controller, vide the impugned order. If that is so, the amount so deposited shall be kept in a fixed deposit receipt (FDR) by the Rent Controller. After the parties have adduced their evidence and the rate of rent is determined by the Rent Controller, the rightful claimant shall be entitled to the amount kept in the FDR. In case, the Rent Controller comes to the conclusion that the rate of rent was not Rs.12,000/- or Rs.13,800/-, then the proportionate amount shall be refunded to the tenant. If the Rent Controller comes to the conclusion that the amount was in consonance with the order of provisional assessment of rent, the same shall be released to the landlord. Counsel for the petitioner states that he will have to pay the amount of rent qua 10 falling months. To redress this grievance, the Rent Controller is directed to decide the eviction petition within six months from the date of receipt of a certified copy of this order. The arrears of rent and rent of six months to be deposited by the petitioner be also kept in FDR. Disposed of. [Kanwaljit Singh Ahluwalia] December 3 , 2010. Judge kadyan