Civil Revision No. 5651 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 5651 of 2010 Date of Decision: 19.11.2010 Varun Goyal …Petitioner Versus M/s Allied Properties …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Vivek Singla, Advocate for the petitioner. Mr. Anuj Raura, Advocate for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) Petitioner/tenant is aggrieved against the impugned order dated 7.6.2010 (Annexure P3), passed by the Rent Controller, Chandigarh, whereby he was called upon to pay the provisional rent at the rate of ` 5,000 per month w.e.f. 1.5.2008 onwards, with the interest at the rate of 6% per annum and cost of ` 500. Grievance of learned counsel for the petitioner is that two persons are claiming to be the landlords and to save his interest, the petitioner/tenant has filed the suit for interpleader, wherein the Civil Court had passed the order dated 9.1.2009 that the tenant/petitioner should deposit the rent at the rate of ` 5,000 per month regularly in the treasury. Learned counsel for the petitioner submits that in compliance Civil Revision No. 5651 of 2010 2 with the order dated 9.1.2009, passed by the Civil Court, he has been depositing the rent regularly, in support whereof, he has placed reliance upon the treasury challans (Annexure P1 [Colly.]). Learned counsel for the petitioner further submits that though this was brought to the notice of the Rent Controller but the same has not been given thoughtful consideration. It is an admitted fact that the tenant/petitioner, in order to save his interest, has been depositing the rent in the treasury. It is yet to be determined as to who is the landlord of the petitioner/tenant. According to learned counsel for the respondent, the respondent is the owner of the property to the extent of 30% share and the first floor, which is in possession of the petitioner being tenant, has fallen to his share. In these circumstances, it is ordered that the District Judge, Chandigarh, shall assign the suit for interpleader and the eviction petition to one Court, which shall try both of them, separately but simultaneously and after the conclusion of the proceedings, the Rent Controller shall pass an order as to who is entitled to the payment of rent, so deposited by the tenant in the treasury, in pursuance of the order dated 9.1.2009, passed by the Civil Court. The amount, which has been deposited, till today, in the treasury, in pursuance of the order passed by the Civil Court, shall be withdrawn by the Court of Rent Controller and shall be kept in a Fixed Deposit Receipt with some nationalized bank, so that the interest of the ultimate beneficiary is saved. Furthermore, as and when the rent is to be deposited, the same shall be kept in the Fixed Deposit Receipt, henceforth. Civil Revision No. 5651 of 2010 3 With the observations made above, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge November 19, 2010 “DK”