IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.3150 of 2008 (O&M) Date of Decision : 26.08.2009 Dilbagh Singh .....Petitioner versus Vijay Kumar .....Respondent CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Kulvir Narwal, Advocate, for the petitioner. Mr.Vikas Sagar, 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 order shall dispose of Civil Revision Nos.3150 to 3152 of 2008 as common questions of law and facts are involved in these cases. All the revision petitions have been directed at the instance of the landlord who is aggrieved at the impugned orders of even date, i.e. 25.4.2008 passed by the Rent Controller, Ludhiana, whereby an additional Issue No.6-A, namely, “Whether the respondent has executed the Rent Note dated 1.1.1990? OPA” has been ordered to be framed at the instance of the respondent-tenant. For brevity, the facts are being taken from Civil Revision No.3150 of 2008. C.R. No.3150 of 2008 (O&M) 2 It appears that, on that question, as to what is the rate of rent of the demised premises, the petitioner-landlord is relying upon an alleged Rent Note dated 1.1.1990, execution whereof has been disputed by the respondent-tenant. It is in this backdrop, that the respondent-tenant moved an application and got the above stated issue framed. Learned counsel for the petitioner-landlord submits that Issue No.2, out of the seven Issues framed on 7.11.1996, specifically pertains as to “What is the rate of rent? OPP”. He contends that while deciding that issue, the Rent Controller is bound to comment upon the validity of the rent note dated 1.1.1990 relied upon by the petitioner-landlord to prove the rate of rent. In view of the above stated stand taken by counsel for the petitioner-landlord, the revision petition is allowed; the impugned order dated 25.4.2008 is set-aside and the Rent Controller is directed to proceed with the matter in accordance with law. However, while deciding Issue No.2, the Rent Controller shall return a specific finding with regard to execution and/or alleged validity of the rent note dated 1.1.1990. Dasti. 26-08-2009 (SURYA KANT) Mohinder JUDGE