Civil Revision No. 6346 of 2008 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No. 6346 of 2008 Date of decision : January 29, 2010 Parminder Pal Singh and others ....Petitioners versus Birinder Singh Gill and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Anuj Raura, Advocate, for the petitioners Ms. Jaishree Thakur, Advocate, for respondent no. 1 Mr. AS Grewal, Advocate, for respondent no. 2 L.N. Mittal, J. (Oral) Respondent no. 3 remains unserved. However, as prayed for by learned counsel for the parties, service of respondent no. 3 for the purpose of this revision petition is dispensed with because respondent no. 3 has since vacated the demised premises and handed over vacant possession thereof to respondent no. 1. Plaintiffs have filed instant revision petition under Article 227 of the Constitution of India challenging order dated 22.10.2008, Annexure P/2, passed by learned Civil Judge (Junior Division), Chandigarh whereby it has been ordered that the petitioners shall be entitled to withdraw 24% Civil Revision No. 6346 of 2008 -2- share of the rental amount only after the outcome of the litigation i.e. final decision of the suit. I have heard learned counsel for the parties and perused the case file. Controversy for the disposal of the instant revision petition falls in very narrow compass. Petitioners are owners of the disputed property to the extent of 24% whereas respondent no. 1 is owner thereof to the extent of 76% having purchased the same from JS Sidhu and others. The suit property was leased out by petitioners and predecessors of respondent no. 1 to respondent no. 2 who allegedly sublet the same to respondent no. 3 with the consent of respondent no. 1. Learned counsel for respondent no. 1 contended that even petitioners had agreed to sell their share of the suit property to respondent no. 1 who has filed separate suit for specific performance of the said agreement. Learned counsel for the parties agree at the bar that without prejudice to the merits of the rival claims of the parties in the suit out of which this revision petition has arisen or in the suit for specific performance, the petitioners may be released the amount of 24% share of rent of the disputed property after deducting therefrom 24% of the taxes/ground rent etc. of the disputed property paid by respondent no. 1 to the concerned authorities. Any other liability including outstanding electricity charges which may remain unrecovered from respondent no. 3 shall also be shared in the same proportion. If any taxes or ground rent or any other amount towards disputed property has been paid by the petitioners, the same shall also be adjusted in the same proportion. The Civil Revision No. 6346 of 2008 -3- petitioners and respondent no. 1 shall submit the details of the amounts so paid by them in the trial court and trial court shall accordingly determine the liability proportionately, expeditiously and preferably within two months from the date of receipt of certified copy of this order. After said determination, the balance amount of 24% share of the rent amount shall be released to the petitioners without any delay. It is ordered accordingly. The revision petition stands disposed of accordingly. Nothing observed hereinabove shall affect the alleged rights of the petitioners to claim 24% share in rent allegedly paid by respondent no. 3 to respondent no. 1 and 2 for the period from 25.10.2007 till December, 2008. ( L.N. Mittal ) January 29, 2010 Judge 'tiwana'