IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.2255 of 2009 (O&M) Date of Decision : 16.09.2009 M/s Chopra Jewellers .....Petitioner versus Rajender Pal Gupta .....Respondent CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Dhiraj Chawla, Advocate, for the petitioner. Mr.Ajay Kumar Jain, Advocate, for the respondent. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- ORDER Surya Kant, J. (Oral) This revision petition is directed by the tenant against the order dated 2.2.2009 passed by the Rent Controller, Ludhiana, whereby provisional rent of the demised premises has been assessed @ Rs.350/- per month and he has been directed to tender the arrears of rent of Rs.80,636/- from January, 1991 onwards. Notice of motion was issued in this petition and pursuant thereto, counsel for the parties have been heard. It is not in dispute that the petitioner-tenant has specifically denied the relationship of landlord and tenant between the parties. C.R. No.2255 of 2009 (O&M) 2 As ruled by the Hon'ble Supreme Court in Rakesh Wadhawan and others versus M/s Jagdamba Industrial Corporation and others, 2003 (2) Civil Court Cases 361 (SC), where the tenant has disputed the relationship of landlord and tenant, the Rent Controller is not obliged to assess the provisional rent. Since in the case in hand also, the petitioner-tenant has specifically denied the relationship of landlord and tenant and asserts himself to be a tenant under one Kishore Chand and thereafter under Smt.Shakuntla Devi, daughter in-law of Kishore Chand, there was no occasion for the Rent Controller to pass the impugned order of provisional assessment of the rent. This, however, cannot absolve the petitioner-tenant of the legal consequences if the relationship of landlord and tenant is finally proved. Suffice it to observe that the unscrupulous tenants would invariably deny the relationship of landlord and tenant so as to avoid the payment of rent and on conclusion of the case if such relationship is proved, they come forward to tender the arrears of rent. This kind of malpractice, meant to harass the landlord, needs to be nipped in the bud. Consequently, the petitioner-tenant is directed to file an undertaking before the Rent Controller, that if the relationship of landlord and tenant is proved between the parties, he shall not claim further opportunity to tender the arrears of rent and shall be liable for all the legal consequences. The undertaking shall be given within two weeks from the date of receipt of copy of this order. Alternatively, the petitioner, if does not want to give the undertaking as directed above, may tender the arrears C.R. No.2255 of 2009 (O&M) 3 of provisionally assessed rent within the given period of two weeks, without prejudice to his legal rights, The revision petition is accordingly allowed in the above stated terms and the impugned order dated 2.2.2009 is set-aside. The Rent Controller, Ludhiana shall frame a specific issue as to whether there exists relationship of landlord and tenant between the parties and in case such an issue is decided in affirmative in favour of the landlord, no opportunity shall be granted to the tenant-petitioner to tender the arrears of rent and there shall be an order for eviction of the petitioner-tenant from the demised premises. The parties are at liberty to raise their pleas before the Rent Controller. Dasti. 16-09-2009 (SURYA KANT) Mohinder JUDGE