IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.5999 of 2009 (O&M) Date of Decision : 20.10.2009 Jim Health Club and another .....Petitioners versus M/s Maharaja Complex and another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.V.K.Bali, Advocate, for the petitioner. -.- 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? --- ORDER Surya Kant, J. (Oral) The petitioner-tenant is aggrieved at the order dated 2.9.2009, whereby the Rent Controller, Hoshiarpur has assessed the provisional rent @ Rs.15,000/- per month w.e.f. 18.12.2005 till the date of filing of the eviction petition, i.e., 13.2.2008, total comes to Rs.4,14,438/-. The petitioner's grievance is that for a substantial part of the period in dispute, the rent has already been paid by the petitioners to the respondent-landlord by cheques. After hearing counsel for the petitioners, I do not find any ground to interfere with the impugned order. Suffice it to say that if the petitioners tender the entire arrears of rent as assessed by the Rent C.R. No.5999 of 2009 (O&M) 2 Controller and later on succeed in proving that a part of the rent has already been paid to the landlord, the petitioners would undoubtedly be entitled to refund of such excess payment and/or its adjustment against future rent. Similarly, there is no compulsion to the petitioners to tender the assessed arrears of rent, if they are confident regarding payment of rent to the landlord for a substantial part of the period in dispute and nothing precludes them to deduct the amount to the extent it has already been paid and thereafter, they may tender the balance amount, if so desire. This, however, shall be done by the petitioners at their own risk and peril. The revision petition stands disposed of. Dasti. 20-10-2009 (SURYA KANT) Mohinder JUDGE