Civil Revision No. 3396 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 3396 of 2010 Date of Decision: 29.10.2010 Surjit Singh Sidhu …Petitioner Versus Malika Rani …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Narinder S. Dadwal, Advocate for the petitioner. Mr. Surjit Singh Chauhan, Advocate for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) Vide order dated 11.5.2007, passed by the Rent Controller, Ludhiana, the petitioner/tenant was proceeded against ex parte and his eviction was ordered vide order dated 8.2.2008. The petitioner, on learning about the eviction order, filed an application under Order 9 Rule 13 CPC, on 10.3.2008, for setting aside the ex parte ejectment order dated 8.2.2008. The Rent Controller, vide his order dated 28.10.2009, has dismissed the said application. Aggrieved against the same, the petitioner filed an appeal in the Court of the Additional District Judge, Ludhiana, but the same was also dismissed vide order dated 5.2.2010. On the observation made by this Court that a fair opportunity ought to be granted to the tenant to defend himself, Mr. Surjit Singh Civil Revision No. 3396 of 2010 2 Chauhan, Advocate, appearing on behalf of the respondent, has submitted that the petitioner has harassed the landlord for about nine long years and has not even paid the rent, which is due since 1.4.2002. Learned counsel for the petitioner has submitted that the petitioner is always ready and willing to pay the entire arrears of rent along with the interest and costs. He has further submitted that the respondent/landlord can be compensated in monetary terms. To this, learned counsel for the respondent has no objection. Accordingly, considering the fair play and balance of equities, the order dated 8.2.2009, whereby the ejectment of the petitioner was ordered, is hereby set aside. The parties are directed to appear before the Rent Controller, Ludhiana, on 17.11.2010, who shall provisionally assess the rent. However, as stated by learned counsel for the respondent, the rent shall be assessed from 1.4.2002 onwards. The rent, so provisionally assessed, shall be paid by the tenant/petitioner. The respondent/landlord shall also be entitled to costs and interest. Furthermore, since the tenant has not been diligent to pursue the litigation, another cost of Rs.5,000/- is imposed upon him. On payment of cost, the Rent Controller shall proceed to decide the eviction petition. With the observations made above, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge October 29, 2010 “DK”