CR No.6572 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.6572 of 2009 (O&M) DATE OF DECISION: 12.11.2009 **** Kailash Chand Goyal . . . . Petitioner VS. Himmat Ram . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 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? **** Present: Mr. Shailendra Jain, Advocate and Mr. D.K. Sihag, Advocate for the petitioner ***** SURYA KANT J.(ORAL) (1). This revision petition is directed by the landlord against the order dated 16.07.2009 passed the Rent Controller, Hansi, extending the period for the respondent-tenant to tender the arrears of rent, a part of which had already been tendered by him within the stipulated period. (2). The petitioner-landlord has filed an eviction petition in which one of the grounds for eviction taken by him, is non- payment of arrears of rent w.e.f. 01.09.2004 to 31.10.2007. (3). The Rent Controller, Hansi, however, assessed the arrears of rent upto 02.03.2009 (instead of 31.10.2007). The respondent-tenant admittedly tendered the arrears of rent w.e.f. 01.09.2004 to 31.10.2007 in time but sought and has been granted extension to tender the arrears of rent for CR No.6572 of 2009 - 2 - the subsequent period. The extension of period, according to the learned counsel for the petitioner-landlord, is contrary to the decision of the Hon’ble Supreme Court in Rakesh Wadhawan vs. M/s.Jagdamba Industrial Corporation & Ors. 2002 (5) SCC 440. (4). Having heard learned counsel for the petitioner and perusing the impugned order, I do not find any merit in the contention. The Rent Controller, Hansi could have assessed the arrears of rent only for the period for which the rent was due as on the date of filing of the eviction petition, which was admittedly filed in the year 2007. It was for this reason that the petitioner-landlord has sought arrears of rent upto 31.10.2007. The respondent-tenant actually tendered those arrears of rent. The Rent Controller, Hansi has assessed the arrears of rent for the subsequent period also presumably to avoid multiplicity of litigation and to facilitate the payment of rent to the petitioner-landlord on time. In my considered opinion, no illegality or perversity has been committed by the Rent Controller, Hansi by extending the period to tender the arrears of rent for the subsequent period. No interference with the impugned order dated 16.7.2009 is, therefore, called for. (5). Dismissed. (SURYA KANT) JUDGE 12.11.2009 vishal shonkar CR No.6572 of 2009 - 3 -