Civil Revision No.3502 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.3502 of 2011 (O&M) Date of decision:20.09.2011 Jagdish Singh ....Petitioner Versus Davinder Singh ....Respondent CORAM : HON'BLE MR. JUSTICE RAKESH KUMAR GARG 1. Whether reporters of local newspapers may be allowed to see judgment ? 2. To be referred to reporters or not ? 3. Whether the judgment should be reported in the Digest ? Present: Mr. Deepak Aggarwal, Advocate for the petitioner. Mr. Ashok Singla, Advocate for the respondent. * * * RAKESH KUMAR GARG, J (ORAL) As per the averments made, eviction of the respondent-tenant was ordered by the Rent Controller, Bathinda vide ex-parte order dated 14.08.2000 on the ground of non-payment of arrears of rent. The aforesaid ex-parte decree was set aside by the Appellate Authority, Bathinda vide its judgment dated 26th March, 2010. Thereafter, during the pendency of the rent petition, the Rent Controller, Bathinda vide order dated 26.03.2010 assessed the provisional rent. However, respondent-tenant failed to make the payment of the provisionally assessed rent and consequently vide order dated 8.11.2010, eviction of the respondent was ordered. Respondent has filed an appeal challenging the aforesaid order of the Rent Controller which is pending before the Appellate Authority, Bathinda. Civil Revision No.3502 of 2011 (O&M) 2 The Appellate Authority before whom the appeal is pending against the order of eviction, while considering the grant of interim stay of the operation of the impugned order of the Rent Controller till the disposal of the final hearing, ordered as under:- “Accordingly, the condition is imposed while granting stay of the impugned order that the mesne profit of the demised premises would be 3500/- per month, which the tenant is required to be deposited monthly. The arrears would be deposited by the appellant within a fortnight from today. Thereafter, the payment shall be deposited by 7th of each calender month, failing which this order of stay would not enure.” Thereafter, respondent-tenant failed to comply with the aforesaid order which was a condition for grant of stay of the eviction order. On his request, the Appellate Authority vide its order dated 11.4.2011 extend the time, the aforesaid order reads as under:- “Reply to the application for extension of time for payment of arrears of rent filed. Considered. Today, appellant suffered a statement that 15 days period of extended for depositing the arrears of rent as ordered vide order dated 25.3.2011. Considering circumstances of the case, this period provide vide order dated 25.3.2011 is extended upto 27.4.2011. Now to come up on 27.4.2011.” Thereafter, ld. Appellate Authority passed order on 27.4.2011 which reads thus:- “Today an amount of Rs.3 lacs is paid by the appellant tenant to the respondent landlord Jagdish Singh is also present in the court and he suffered a statement that the received Rs.3 lacs out of the arrears of rent and interest under protest and he kept alive his right of production of short tender. Now this petition is adjourned Civil Revision No.3502 of 2011 (O&M) 3 to 25.5.2011 for payment of arrears of rent interest, if any, as per the order dated 25.3.2011. Now record of the lower court be summoned for 25.5.2011.” The landlord has challenged the order dated 27.04.2011 of the Appellate Authority before this Court. A perusal of the aforesaid order would show that the same has been passed only as an interim measure in pursuance of the order dated 25.3.2011 and the appeal is still pending for adjudication before the Appellate Authority. Any opinion on the order dated 27.4.2011 can be construed an expression on the merits of the appeal. Thus, in this view of the matter, without expressing any opinion on the impugned order passed by the Appellate Authority, the petition is disposed of with the direction to the Appellate Authority, Bathinda to dispose of the appeal in accordance with law, as expeditiously as possible, preferably within four months, from the date of receipt of certified copy of this order. September 20, 2011 (RAKESH KUMAR GARG) savita JUDGE