IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6519 of 2008 (O&M) Date of decision: July 22, 2009. Amardeep Kaur ...Petitioner(s) v. Meet Ram ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Arun Takhi, Advocate, for the petitioner. Shri Sanjiv Pandit, Advocate, for the respondent. ORDER Surya Kant, J. - (Oral): This revision petition is directed against the order dated 15.9.2008 passed by the Rent Controller, Hoshiarpur, whereby he has declined to assess the provisional rent on the ground that the respondent- tenant has disputed the relationship of landlord and tenant between the parties. Reliance has been placed upon a decision of this Court in Mrs. Preeti v. Manmohan Singh & Anr., (2008-3) PLR 591. Notice of motion was issued and in response thereto, learned counsel for the parties have been heard at some length. It appears that the respondent-tenant has come up with the plea that the demised premises is owned by one Gurbachan Dass. The petitioner, on the other hand, relies upon a compromise arrived at between her and Gurbachan Dass. In the said civil suit No.386 of 2005 Gurbachan Dass is stated to have conceded her ownership qua the suit property, as per compromise Annexure P-2. Be that as it may, in view of the denial of relationship of landlord and tenant, the Rent Controller has already framed issue No.1, as to “whether there is relationship of landlady and tenant between the parties”. In Mrs. Preeti's case (supra) referred to by the Rent Controller, this Court has held that where the relationship of landlady and tenant is denied by the tenant as a mala fide attempt to avoid payment of rent, the same shall not be taken as a valid plea to absolve the tenant from tendering the arrears of provisionally assessed rent in terms of the decision of the Hon'ble Supreme Court in Rakesh Wadhawan v. Jagdamba Industrial Corporation, (2002-2) PLR 370. Be that as it may, the Rent Controller has already framed issue No.1, reproduced above. The revision petition is accordingly disposed of with a direction that, let the said issue be treated as a preliminary issue and decided. Since the respondent-tenant has consciously dis-owned the relationship of landlady and tenant, it is directed that if the said issue No.1 is decided against the respondent-tenant, he shall not be entitled to any further opportunity to tender arrears of rent and in that event, the Rent Controller shall be well within its right to pass an order of eviction against him for non-payment of rent. The issue shall be decided as early as possible and preferably within six months. Dasti. July 22, 2009. [ Surya Kant ] kadyan Judge