CR No. 3534 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No. 3534 of 2010 Decided on :16 -07-2010 Jai Bhagwan Gupta ....Petitioner VERSUS Arun Kumar Arora ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr.Jai Bhagwan Gupta, petitioner in person Mr. Arun Kumar Arora, respondent in person. MAHESH GROVER, J The petition is totally frivolous. Provisional rent was assessed by the Rent Controller vide its order dated 19.2.2010. It was noticed in the order that at the time of inception of the tenancy rate of rent was Rs.2600/- p.m. The terms of tenancy stipulated an increase of 10% after every eleven months. The Court after appreciating the same determined the provisional rent at Rs.2860/- p.m. Court has also rightly appreciated that rent was paid at the rate of Rs.2600/- p.m. upto November 2006. Opportunity has been given to the petitioner to deposit provisional rent @ Rs.2860/- p.m alongwith interest . Instead of doing so, petitioner filed a review petition which has also been dismissed. Provisional rent is always subject to final determination. Hence, there is no legal infirmity in the order. The petition is dismissed. CR No. 3534 of 2010 2 The petitioner will continue to pay the provisional rent assessed at the rate of Rs.2860/- till the disposal of the rent petition, of course, subject to his rights of determination when the final rent is assessed. The petitioner has unnecessarily burdened this Court with frivolous piece of litigation and therefore, this petition is dismissed with costs of Rs.10,000/- which shall be paid to the respondent on the next date of hearing before the Rent Controller. In the event of petitioner committing any future default, he shall be liable to eviction in the rent petition and this factor itself shall be deemed to be an adverse inference against him. July 16, 2010 (Mahesh Grover) rekha Judge