IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5982 of 2010 Date of decision: 21st December, 2010 Rakesh Kumar … Petitioner Versus Bhagwan Dass … Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Rohit Ahuja, Advocate for the petitioner. Mr. Anil Shukla, Advocate for the respondent. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been filed by the tenant praying that the impugned order (Annexure P-9) dated 10th June, 2010 passed by the Rent Controller, Faridabad be set aside. A perusal of the impugned order (Annexure P-9) reveals that an application under Order 14 Rule 1 read with Section 151 CPC was filed by the petitioner-tenant, wherein a prayer was made that a preliminary issue be framed as to whether the respondent-landlord is entitled to claim and receive the provisional rent deposited by the petitioner-tenant in view of the documents relied upon by the petitioner- tenant. I have heard counsel for the parties. They are in agreement that in case the Rent Controller is directed to decide the eviction petition within a stipulated timeframe and issues are framed on the basis of pleadings and the amount of provisional rent deposited by the tenant is Civil Revision No.5982 of 2010 kept in an FDR, it will not only mitigate hardship of the parties, but will also lead them towards final resolution of the dispute. Accordingly, the present revision petition is hereby disposed of by issuing following directions: (a) Based upon the pleadings made by the parties, the Rent Controller shall formulate the issues, including the one regarding quantum of rent, period for which it was due and as to whether the landlord is entitled to disbursal of the same or not. (b) Both the parties to the litigation shall be afforded three effective opportunities to lead their evidence and the eviction petition filed by the landlord shall be decided within nine months from the date of receipt of a certified copy of this order. (c) The rent deposited by the petitioner-tenant in pursuance of the order of provisional assessment of rent shall be kept in an FDR and on decision of the eviction petition the Rent Controller shall order its disbursal to the rightful claimant. [KANWALJIT SINGH AHLUWALIA] JUDGE December 21, 2010 rps 2