C.R. No.4459 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.R. No.4459 of 2009 Date of Decision : 10.08.2009 Inderjit Singh .....Petitioner versus Surinder Kumar Saini .....Respondent CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Ms.Mamta Malik, Advocate, for the petitioner. -.- 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? --- Surya Kant, J. (Oral) Petitioner-landlord impugns the order dated 25.11.2008, passed by the Rent Controller, Chandigarh, whereby an application under Order 9 Rule 13 CPC, moved by the respondent-tenant to set aside the ex-parte eviction order dated 14.6.2007 has been allowed, on the basis of conditional concession made by the petitioner's counsel that he has no objection if the application under Order 9 Rule 13 CPC is allowed subject to the condition that the tenant shall pay the entire arrears of rent upto date. The petitioner's grievance is that even when the ex-parte eviction order has been set-aside, however, the arrears of rent alongwith costs and interest, for which the landlord is entitled to, have not been assessed or tendered so far. C.R. No.4459 of 2009 2 Having heard learned counsel for the petitioner, though I do not find any error of jurisdiction while passing the impugned order dated 25.11.2008, yet the petitioner-landlord appears to be right in contending that the respondent-tenant is liable to tender the arrears of rent alongwith costs and interest, if any, and/or face the consequences. This revision petition is accordingly disposed of with a direction to the Rent Controller to assess the arrears of rent, costs and interest at the appropriate stage and give one opportunity to the tenant to tender the same, if already not given. Dasti. 10-08-2009 (SURYA KANT) Mohinder JUDGE