CR No.1396 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.1396 of 2009 Date Of Decision: 02.09.2009 **** Smt. Veena Goyal, Proprietor M/s. Navigator and another . . . . Petitioners VS. C.S. Cheema and others . . . . Respondents **** 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. S.K. Jain, Advocate for the petitioner Mr. Rajbir Singh Guran, Advocate for the respondent **** SURYA KANT J.(ORAL) Petitioner-tenant is aggrieved at the order dated 18th February, 2009 whereby the Rent Controller, Chandigarh has directed them to pay the rent at the provisionally-assessed rate of Rs.55,000/- per month w.e.f. 1st January, 2008. It is not in dispute that the monthly rent for both the cabins (‘B’ & ‘C’) on the date of expiry of the lease period i.e. 30.11.2007 was 30231/-. While the respondent-landlords assert that the petitioners agreed to enhance the rent @ Rs.55000/- per month and issued a cheque No.098405 dated 5.12.2007 for that amount towards rent for the month of December, 2007, the petitioners are disputing such increase, as CR No.1396 of 2009 - 2 - according to them, the cheque was obtained by the landlords forcibly and illegally. Be that as it may, the plea taken being a question of fact would be gone into by the Civil Court/ Rent Controller, as the case may be, at an appropriate stage. Learned counsel for the parties agree that as an interim arrangement, the petitioner shall continue to pay the rent @ 34727/- per month to the respondent-landlords on or before 10th day of every calendar month. They shall also furnish a bank guarantee for the balance amount of the rent as claimed by the respondent-landlords. The bank guarantee for the arrears from 1st January, 2008 to 30th September, 2009 shall be furnished within a period of one month and thereafter the petitioner shall keep on furnishing such bank guarantees after every six months for the future disputed rent. This arrangement shall be without prejudice to the rights of both the parties to be determined by the trial Court concerned. Disposed of. Dasti. (SURYA KANT) JUDGE 02.09.2009 shonkar