CR No.3274 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.3274 of 2010 Date of decision : 09-08-2010 M/s Unitech Fastners and others .... Petitioners VERSUS Vinod Mittal ....Respondent CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Sharan Sethi, Advocate, for the petitioners. Mr. Pardeep Bajaj, Advocate, for Mr. R.S. Khosla, Advocate, for the respondent. KANWALJIT SINGH AHLUWALIA, J. (Oral) Counsel for the petitioners has contended that the agreed rent between the parties was Rs.57,750/- per month. Therefore, Rent Controller has committed a grave error taking into consideration clause of enhancement to determine Rs.70,000/- as the provisional rent. Counsel states that after expiry of the lease, petitioner became a statutory tenant and the clause of enhancement being penal cannot operate against the petitioners in view of the provisions of Section 7 of the East Punjab Urban Rent Registration Act, 1949. This Court is of the view that the contention advanced by counsel for the petitioners shall be determined by the Rent Controller while adjudicating upon the eviction petition. However, assessment of the provisional rent is interim in nature subject to the final outcome. The amount paid in excess can be adjusted later. Therefore, CR No.3274 of 2010 -2- petitioners may comply with the order of assessment of provisional rent passed by the Rent Controller and pay the same at first instance. Hence, no interference is warranted. Dismissed. (KANWALJIT SINGH AHLUWALIA) 09-08-2010 JUDGE manju