CR No. 6195 of 2007 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 6195 of 2007 Decided on : 25-11-2008 Malkiat Singh ....Petitioner VERSUS Rajinder Gosain ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. Y.P.Khullar, Advocate for the petitioner. Mr. Rajesh Gupta, Advocate for the respondent. MAHESH GROVER, J This revision petition is directed against the order of the learned Rent Controller dated 18.5.2007 whereby the provisional rate of rent was assessed as Rs. 700/- per month. It was contended by the learned counsel for the petitioner that respondent-tenant himself in his written statement has stated that he has been paying rent at the rate of Rs. 1050/- per month. The petitioner on the other hand had asked the respondent-tenant to pay rent at the rate of Rs. 2015/- per month. It has been pointed out that there is a written rent note executed between the parties. After hearing learned counsel for the parties, I am of the considered opinion that the impugned order deserves to be set aside. The learned Rent Controller has relied on house tax assessment to come to a conclusion to fix the provisional rate of rent at Rs. 700/- per month. The house tax assessment can be an indicator but cannot form the real test of CR No. 6195 of 2007 2 determining the rent and especially if the respondent-tenant had himself admitted to be paying rent at the rate of Rs. 1050/- per month. In this eventuality, the finding recorded by the learned Rent Controller is perverse to say the least and is set aside. The provisional rate of rent is determined at the rate of Rs. 1050/- per month which the respondent shall pay within a period of four weeks from today. The respondent shall clear all the arrears of rent within the aforesaid period and shall continue to pay the rent at the same rate till the final adjudication of the matter. The revision petition is thus allowed. November 25 , 2008 (Mahesh Grover) rekha Judge