Civil Revision No.1483 of 2011(O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1483 of 2011(O & M) Date of Decision:30.08.2011 Bishan Dass Gindhi ....petitioner Versus Harinder Singh & anr. .....respondents CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR GARG 1.Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? Present: Mr.Sunil Chadha,Advocate for the petitioner Mr.Anupam Bhardwaj, Advocate for respondent No.1 **** RAKESH KUMAR GARG, J.(ORAL): This is tenant's revision petition challenging the impugned order dated 22.01.2011,passed by Rent Controller, Amritsar, whereby while setting aside the ex parte ejectment order dated 19.05.2007, the Rent Controller, Amritsar has directed the petitioner to pay the entire arrears of rent till date to respondent-landlord along with costs of ` 5000/-. Challenging the aforesaid order, it has been submitted before this Court that the condition put by the Rent Controller, Amritsar, vide impugned order is onerous and could not have been imposed if the Rent Controller was satisfied that the tenant was illegally proceeded against ex parte. Learned counsel for the petitioner has further contended that in fact the rate of rent is disputed and therefore the impugned order is liable to be set aside. Be that as it may, the matter regarding the rate of rent Civil Revision No.1483 of 2011(O & M) 2 etc.will be seen by the Rent Controller, as per the pleadings and evidence led by the parties as per law. There is no dispute that the petitioner is enjoying the possession of the tenanted premises and is liable to pay rent/usage and occupation charges. Thus, the submission of the learned counsel for the petitioner that the payment of arrears of rent could have been imposed, is without any merit. However, keeping in view the fact that petitioner is raising dispute regarding the rate of rent etc.instead of making payment of arrears of rent to the respondent-landlord as ordered by the impugned order, it is directed that let the arrears of rent as assessed vide impugned order be deposited with the Rent Controller within three months from today failing which the ex parte judgement dated 19.05.2007 shall come into force with immediate effect. It is further clarified that out of the arrears of rent as deposited by the petitioner, respondent-landlord will be entitled to withdraw at least the amount of arrears of rent as admitted by the petitioner. The remaining amount shall be kept deposited with the Rent Controller, in an interest bearing FDR with a nationalised bank and shall be ordered to be paid to the parties, found entitled to. Keeping in view that the ejectment petition was filed in the year 2004 and the order proceeding ex parte against the petitioner was passed on 08.06.2005 and even the ex parte decree was passed on 19.05.2007, it is directed that the Rent Controller shall dispose of the ejectment application within six months from today, in accordance with law. Thus, the impugned order is modified to the extent, as aforesaid and the present revision petition is disposed of. (RAKESH KUMAR GARG) JUDGE 30.08.2011 neenu