CR No.1491 of 2011 (O&M) -1- ***** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.1491 of 2011 (O&M) Date of decision:08.03.2011. Alamjit Singh Mann ...Petitioner Versus Amarjeet Singh and others ...Respondents CORAM: HON’BLE MR. JUSTICE RAKESH KUMAR JAIN Present: Mr. S.S.Behl, Advocate, for the petitioner. ***** RAKESH KUMAR JAIN, J. (ORAL) This revision petition is directed against the order dated 20.12.2010 passed by the learned Rent Controller, Chandigarh by which an application filed by the petitioner/tenant for clubbing the Civil Suit filed by him with the rent petition filed by the landlord and to decide the same together, has been dismissed. In brief, the facts of the case are that the basement and ground floor of the demised premises (SCO No.483-484, Sector 35-C, Chandigarh) was let out to the petitioner/tenant for the purpose of the business of Restaurant, Bar and Pub, a registered lease deed was executed on 28.06.2002, the rent was settled @ `1,50,000/- per month and a rebate of `30,000/- was given for first six months w.e.f. 01.01.2003 to 30.06.2003. The landlord first filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short “the Act”] seeking eviction of the petitioner/tenant on the ground of non-payment of rent. During the pendency of that rent petition, the present petitioner/tenant filed a Civil Suit seeking declaration that registered lease deed dated 28.06.2002 is an act of fraud and does not bind him. After filing of the Civil Suit, the petitioner/tenant filed an application before the CR No.1491 of 2011 (O&M) -2- ***** learned Rent Controller to club both, the rent petition as well as the Civil Suit, and decide the same together. The said application has been dismissed on the twin grounds, namely, the application is a device to delay the proceedings of the rent petition and the Rent Controller has no jurisdiction to decide the Civil Suit. The reasoning given by the learned Rent Controller while passing the impugned order is in accordance with law, therefore, the present revision petition is found to be without any merit and as such, the same is hereby dismissed in limine, however, without any order as to costs. March 08, 2011 (RAKESH KUMAR JAIN) vinod* JUDGE