Civil Revision No. 3581 of 2010 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 3581 of 2010 Date of Decision: 1.10.2010 Vinay Kumar …Petitioner Versus Jawahar Lal …Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr.V.D. Sharma , Advocate for the petitioner. Mr. S.K. Garg Narwana, Advocate for the respondent. Kanwaljit Singh Ahluwalia, J. (Oral) In the present revision petition, the challenge is to the order dated 17.4.2010, passed by the Rent Controller, Narwana, whereby he assessed the provisional rent at the rate of Rs.2,400/- per month of the demised premises. A short controversy, involved in the present case, is as to whether the rent was Rs.1,400/- or Rs.2,400/- per month. The petitioner/tenant, before the Rent Controller, has relied upon the legal notice dated 11.1.2008 (Annexure P3), issued by Mr.Nathi Ram Mittal, Advocate, wherein the rent was demanded at the rate of Rs.1,400/- per month. The Rent Controller has relied upon the rent note dated 30.4.2001, wherein the rent has been noted as Rs.2,400/- per month. Civil Revision No. 3581 of 2010 2 It is not disputed that the rent has been demanded for a period of 36 months and therefore, the difference of the rent which the tenant has to pay is Rs.36,000/- only. The impugned order, assessing the provisional rent, is interim in nature. As per the dicta of law laid down in Rakesh Wadhawan v. M/s Jagdamba Industrial Corporation AIR 2002 Supreme Court 2004, any deficiency can be made good lateron. Therefore, in the present case, the parties shall adduce their evidence for determination of the quantum of rent. In case, the Rent Controller, lateron, on basis of the evidence, comes to the conclusion that the rate of rent is Rs.2,400/- per month, then the petitioner/tenant is bound to make the deficiency good along with the interest and costs. At the moment, balance of convenience weighs in favour of he tenant. The impugned order, passed by the Rent Controller, is modified and the provisional rent is assessed at the rate of Rs.1,400/- instead of Rs.2,400/- per month. The petitioner/tenant shall pay the rent at the rate of Rs.1,400/- per month for the period, as specified by the Rent Controller, along with the interest and costs. Anything stated herein shall not be construed as the final expression on the merits of the case. With the observations made above, the present revision petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge October 1, 2010 “DK”