Civil Revision No. 4753 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 4753 of 2010 Date of Decision: 9.9.2010 Tarun Nayyar …Petitioner Versus Gurdip Kaur and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. I.K.Mehta, Senior Advocate with Mr. M.S. Kohli, Advocate for the petitioner. Mr. Gurinder Singh Punia, Advocate for the respondents. Kanwaljit Singh Ahluwalia, J. (Oral) The present revision petition has been filed against the order dated 14.6.2010 (Annexure P7), passed by the Rent Controller, Ludhiana, whereby the provisional rent was assessed at the rate of Rs.1,800/- per month for the period from 1.7.1994 to 30.6.1995. The landlords pleaded that the rate of rent, as per the rent deed dated 23.6.1994, was Rs.1,800/- per month and subsequently the same was to be increased by 10% every year. The Rent Controller took the rent of Rs.1,800/- per month w.e.f. 1.7.1994 applying 10% increase therein every year and held the tenant liable to deposit Rs.11,56,057/- as arrears of rent. This Court, while issuing notice of motion, had ordered that at Civil Revision No. 4753 of 2010 2 the first instance, the tenant, to prove his bonafide, may deposit 50% of the amount of provisional rent, as assessed by the Rent Controller. Learned counsel for the petitioner has seriously disputed the validity and execution of the rent deed, containing a clause that there would be increase of 10% every year. Till the genuineness of the rent deed is determined, order dated 14.6.2010 (Annexure P7), passed by the Rent Controller, Ludhiana, is modified to the extent that the petitioner shall deposit 50% of the amount, as assessed. It is stated that the petitioner has already deposited 50% of the amount and hence, the same be taken as a payment towards the provisional rent, so assessed, subject to final adjudication of the eviction petition. The respondents/landlords shall be entitled to withdraw the said amount. However, the petitioner/tenant may file counter claim, in order to secure his interest. The Rent Controller, Ludhiana, is also directed to decide the eviction petition within a period of four months, from the date of receipt of a certified copy of this order. With the observations made above, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge September 9, 2010 “DK”