IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.7549 of 2009 (O&M) Date of Decision : 18.12.2009. Kaushal Sharma .....Petitioner versus Subhash Chander Bawa .....Respondent CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Kewal Singh, 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? --- ORDER Surya Kant, J. (Oral) This revision petition is directed by the tenant against the order dated 9.11.2009 passed by the Rent Controller, Ludhiana, whereby rent of the demised premises forming part of Property No.HJ-419, Bhai Randhir Singh Nagar, Ward No.44, Housing Board Colony, Ludhiana, has been provisionally assessed @ Rs.1400/- per month and the petitioner has been directed to tender the arrears of rent w.e.f. 1.2.2006. While the respondent-landlord is claiming rent @ Rs.1800/- per month, the petitioner's own case is that the rate of rent is Rs.1000/- per month. The petitioner has, however, averred that he has already paid the rent upto December, 2008. In the afore-stated given situation, the Rent Controller has passed the impugned order assessing the provisional rent @ C.R. No.7549 of 2009 (O&M) 2 Rs.1400/- per month. Having heard learned counsel for the petitioner at some length and on perusing the impugned order. I do not find any ground to interfere with the same at this stage. Suffice it to observe that the Rent Controller has assessed the rent provisionally and the petitioner will be well within his right to contend before the Rent Controller, Ludhiana, that the rate of rent is Rs.1000/- per month only and/or that he has already paid the same upto December, 2008. If the Rent Controller, Ludhiana, accepts either of the pleas raised on behalf of the petitioner, the excess payment, if any, would be either refunded to the petitioner or can be adjusted against the future rent. Faced with this situation, learned counsel for the petitioner submits that some more time be granted to the petitioner-tenant to tender the arrears of rent without prejudice to his legal rights. Taking into consideration the totality of circumstances, it is directed that if the petitioner-tenant tenders the arrears of rent to the tune of Rs.35,000/- on the date fixed, i.e., 19.12.2009, the Rent controller shall grant atleast 4 weeks' more time to him to tender the balance arrears of rent, subject to the condition that the petitioner would continue to pay the monthly rent at the provisional assessed rate on or before 10th of every calendar month. Disposed of. Dasti. 18-12-2009 (SURYA KANT) Mohinder JUDGE