CR No.4922 of 2010 (O&M) -1- ****** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.4922 of 2010 (O&M) Date of decision:17.05.2011. Priti Chaturvedi ...Petitioner Versus Vinod Mehta ...Respondent CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. Anurag Jain, Advocate, for the petitioner. Mr. Vishal Garg, Advocate, for the respondent. ***** Rakesh Kumar Jain, J. (Oral) This revision petition is directed against the order dated 26.07.2010 by which learned Rent Controller, Hissar has assessed the provisional rent by calculating it from 01.05.2007 to 01.10.2009. Learned counsel for the petitioner/tenant submits that the rent for the period from 01.03.2007 to 31.07.2008 had already been paid by him in an earlier eviction petition in which order dated 16.12.2010 (Annexure P-7) has already been passed and he has been directed to vacate the demised premises. He further submits that he has assailed the said order of eviction by way of an appeal which is pending adjudication. Learned counsel for the respondent states that since the petitioner/tenant has not tendered the rent and mense profit as directed by the Appellate Authority, the possession has already been taken by the landlord. Be that as it may, this Court is only concerned with the validity of the impugned order dated 26.07.2010 which is under challenge in which learned Rent Controller has erred in including the rent from 01.05.2007 to CR No.4922 of 2010 (O&M) -2- ****** 01.10.2009 as well though the rent for the said period had already been tendered by the petitioner/tenant in the earlier eviction petition w.e.f. 01.03.2007 to 31.07.2008. Learned counsel for the respondent has very fairly conceded this position and stated that the order under challenge may be set aside and the matter may be remanded back to the learned Rent Controller to re-assess the provisional rent after excluding the rent which had already been tendered by the petitioner/tenant in the earlier eviction petition. In view of the above, the present revision petition is allowed, the impugned order is hereby set aside and the matter is remanded back to the learned Rent Controller to decide the application of the landlord for assessment of the provisional rent after taking into consideration the period for which the rent had already been tendered by the petitioner/tenant in the earlier eviction petition. May 17, 2011. (Rakesh Kumar Jain) vinod* Judge