Civil Revision No. 4378 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 1. Civil Revision No. 4378 of 2009 Date of decision : 15.2.2010 Naveen Kuma ....Petitioner Versus Mahender Singh Yadav ...Respondent 2. Civil Revision No. 4359 of 2009 Ajay Kumar Bhardwaj ....Petitioner Versus Mahender Singh Yadav and another ...Respondents 3. Civil Revision No. 4381 of 2009 Gian Chand ....Petitioner Versus Mahender Singh Yadav ...Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Adish Gupta, Advocate for the petitioner Mr. Arun Jain, Senior Advocate with Mr. Chetan Salathia, Advocate for the respondents. S. D. ANAND, J. In an exercise for fixture of provisional rent, the learned Rent Controller, on a perusal of the material available on the file, held that rent at the rate of Rs.3000/- per month was payable for the tenanted premises. Civil Revision No. 4378 of 2009 -2- **** The learned counsel, appearing on behalf of the petitioner, argues that the averred enhancement of rent (from Rs.100/- in the year 1984-85 to Rs.3000/- during the year 2003-04) would appear to be fairly harsh. In that context, it is argued that the tenanted premises is only a tea- vend situated in a remote corner of Faridabad. In resistance, the learned counsel appearing on behalf of the respondent argued that the premises described as tea-vend on behalf of the petitioner is, infact, a Halwai shop. Qua the other part of the averment, it is pointed out that the tenanted premises are located on the Haryana border touching Delhi. It is apparent from the impugned order, and also the presentation made before this court, that the petitioner herein is relying upon the municipal (house tax assessment) entries. As against those entries, the respondent is also relying upon similar entries for the subsequent period of time. For the learned counsel appearing on behalf of the petitioner to describe the later entries to be unreliable is plainly illogical. If a record is good for one party, it is equally good for the other party. The averred enhancement would, prima-facie, appear to be in order in view of the averred locational placement of the tenanted premises wherein a Halwai shop is alleged to be housed. It is common ground otherwise that the payable rent would be restricted to the period claimed in the petition. I find myself in complete agreement with the view obtained by the learned Rent Controller. By the very nature of things, the impugned assessment is provisional in character and is based upon the entries made in the municipal (house tax assessment) record qua the rate at which the rent for tenanted premises is payable. Though the impugned order appears to have overstepped that period of limitation, the petition is held to be devoid Civil Revision No. 4378 of 2009 -3- **** of merit and is ordered to be dismissed. A photocopy of this order be placed on the files of each connected case. February 15, 2010 (S. D. ANAND) Pka JUDGE