Civil Revision No. 6429 of 2006 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH Civil Revision No. 6429 of 2006 (O&M) Date of Decision : 31.3.2010 Sunil Kumar Sharma .......... Petitioner Versus Manjit Kaur ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Pardeep Rajput, advocate for the petitioner. Mr. Anupam Bhardwaj, Advocate for the applicant/ respondent. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 3565-CII of 2010 C.M. is allowed. The applicant is exempted from filing the certified / original copy of the order dated 7.1.2010. C.M. Nos. 3566-CII & 3567-CII of 2010 & C.R. No. 6429 of 2006 This application has been moved under Section 151 of the Code of Civil Procedure by the respondent for disposal of the revision petition, in view of the order passed by the Hon'ble Division Bench in Civil Revision No. 3577 of 2006 titled Rajan alias Raj Kumar Vs. Rakesh Kumar decided on 7.1.2010. The respondent / landlord had filed a petition for eviction against the petitioner herein on the ground of non-payment of rent. The learned Rent Controller assessed the provisional rent, however, the tenant failed to pay the assessed rent. Consequently, an order of eviction was Civil Revision No. 6429 of 2006 2 passed by placing reliance on the judgment of the Hon'ble Supreme Court in the case of Rakesh Wadhawan Vs. M/s Jagdamba Industrial Corporation AIR 2002 SC 2004. In appeal, by way of interim measure the petitioner was directed to deposit the rent, which was deposited and withdrawn by the respondent / landlord. The learned appellate authority dismissed the appeal filed by the petitioner, as he had failed to deposit the assessed rent on the first date of hearing in terms of decision in Rakesh Wadhawan Vs. M/s Jagdamba Industrial Corporation (supra). The judgment of the Hon'ble Supreme Court was considered by the Division Bench of this Court in Civil Revision No. 3577 of 2006 titled Rajan alias Raj Kumar Vs. Rakesh Kumar, and it has been held by the Division Bench that on interpretation of the judgment of the Hon'ble Supreme Court in the case of Rakesh Wadhawan Vs. M/s Jagdamba Industrial Corporation (supra), it has to be held, that if a tenant fails to make the payment of provisional rent on the date fixed for deposit, he is liable to be evicted as the said date is the first date of hearing. The Division Bench, has also held that if the tenant fails to pay the rent on the date fixed by the learned Rent Controller, after assessing the provisional rent then he is liable to be evicted. In view of the authoritative pronouncement of the Division Bench of this Court, I find no merit in this revision petition, which is accordingly dismissed. 31.3.2010 ( VINOD K. SHARMA ) 'sp' JUDGE