Civil Revision No. 3381 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -.- Civil Revision No. 3381 of 2009 Date of Decision:- 2.7.2009 Dr. Capt.G.B.S. Madan .... Petitioner Versus Kuldip Singh .... Respondent CORAM:- HON'BLE MR. JUSTICE SURYA KANT. Present:- Mr. Vivek Sharma, Advocate, for the petitioner. Mr. Puneet Jindal, Advocate, for the respondent. Surya Kant, J. This revision petition is directed against the order dated 12.5.2009 passed by learned Rent Controller, Jalandhar, whereby the petitioner-tenant has been directed to pay provisional rent and arrears amounting to Rs.9,25,792/- by 4.6.2009. Notice of motion was issued and pursuant thereto, learned counsel for the parties have been heard at some length. The respondent-landlord has filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, inter alia, on the ground that the petitioner-tenant has failed to pay the arrears of rent w.e.f. 1.10.1996. Pending the eviction petition, the respondent-landlord sought fixation of provisional rent which has been determined by the Rent Controller vide the impugned order. According to the respondent-landlord, the petitioner is liable to pay revised rent @ Rs.6655/- per month w.e.f. 1.10.1996 which is to be Civil Revision No. 3381 of 2009 2 further revised to Rs.7320/-, Rs.8052/-, Rs.8857/- and Rs.9743 w.e.f. 1.10.1998, 1.10.2000, 1.10.2002 and 1.10.2004 respectively. If the arrears of rent are calculated at the aforesaid rates, it is not in dispute that the petitioner-tenant is liable to pay a sum of Rs.9,75,228/- for the period from 1.10.1996 till 30.9.2006. It is apparent from the impugned order as well as the order dated 24.3.2008 passed by this Court in Civil Revision No. 3874 of 2007 that the petitioner-tenant has paid a sum of Rs.5,82,700/- only during the aforesaid period. In this manner, the petitioner-tenant is liable to pay a sum of Rs.3,92,528/- towards arrears of rent. As regards the interest, I am of the considered view that the question as to whether or not the petitioner is liable to pay interest would arise for determination at a later stage only. For the reasons afore-stated, the impugned order dated 12.5.2009 is modified and it is directed that petitioner shall pay the arrears of provisional rent amounting to Rs.3,92,528/- before 31.7.2009. At this stage, learned counsel for, the respondent-landlord points out that the petitioner has also not paid any rent from October 2006 onwards. Learned counsel for the petitioner does not dispute the petitioner's liability to pay the aforesaid rent though he contends that the same might have been deposited by the petitioner with the Rent Controller. The revision petition is accordingly disposed of with a further direction that if the petitioner has already deposited the rent for the period from October 2006 onwards, the respondent – landlord may withdraw the same without prejudice his legal rights. However, if the petitioner has not Civil Revision No. 3381 of 2009 3 deposited the same, he is directed to deposit such arrears before 31.10.2009 with the Rent Controller to be released to the respondent-landlord without prejudice to the legal rights of both the parties. Copy of order be given dasti on payment of usual charges. July 2, 2009 (Surya Kant) tripti Judge