C.R. No.2166 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.2166 of 2009 (O&M) Date of Decision: 17.8.2010 Avinash Kaur ……Petitioner VERSUS Smt. Kanta ……Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Rakesh Chopra, Advocate for the petitioner. Mr. Avnish Mittal, 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? ALOK SINGH, J. (ORAL) C.R. No.2166 of 2009 (O&M) -2- 1. Present petition is filed challenging the order dated 11.10.2008. Vide order dated 11.10.2008, learned Rent Controller has observed as under:- “On last date of hearing rent was as- sessed by this court alongwith cost and inter- est. However, today no rent has been ten- dered by respondent rather she moved an ap- plication for recalling the order dt. 10.9.08. Another application has also been filed by one Harpal Singh U/O 1 Rule 10 CPC. Reply to both applications be filed, by petitioner on next date of hearing. However, it is made clear that subject to decision of two applica- tions which are moved today, it shall be deemed for all purposes that despite specific orders of this Court, respondent Avinash Kaur had failed to tender the rent today and in case need arises, no liberty or latitude shall be given to Avinash Kaur for tendering rent on any subsequent date.” 2. Learned Counsel for the petitioner/tenant states that first date of hearing has not come yet. Since issues have not been framed, hence, he is entitled to deposit rent at his own risk. Mr. Avnish Mittal, learned Counsel for the respondent states that pe- titioner may be permitted to deposit rent at his own risk and as to whether he would be entitled for the benefit of the deposit of arrears of rent may be seen by the learned Rent Controller. C.R. No.2166 of 2009 (O&M) -3- 3. Without expressing any opinion on the merit of the case, petitioner is permitted to deposit the entire arrears of rent before the learned Rent Controller at his own risk. 4. Petition stands disposed of accordingly. ( ALOK SINGH ) 17th August, 2010 JUDGE ashish