CIVIL REVISION NO.3874 OF 2007 :{ 1 }: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH DATE OF DECISION: MARCH 24, 2008 Kuldip Singh Deol .....Petitioner VERSUS Dr.Capt.G.B.S.Madan ....Respondent CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH 1. Whether Reporters of local papers may be allowed to see the judgement? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? PRESENT: Mr. Puneet Jindal, Advocate, for the petitioner. Mr. Vivek Sharma, Advocate, for the respondent. **** RANJIT SINGH, J. (ORAL) The application filed by the petitioner for assessment of the provisional rent in terms of Rakesh Wadhawan Vs. M/s Jagdamba Industrial Corporation, 2002 (1) Rent Control Reporter 514, has been declined. A perusal of the impugned order would show that there is no dispute about the rate of rent, which is Rs.5500/-. There is also no dispute in regard to the enhancement of 10% after every two years. However, the parties were at variance in regard to the total amount of CIVIL REVISION NO.3874 OF 2007 :{ 2 }: rent paid upto August-September 2006. As per the rent note, the rent as agreed to be payable to the petitioner was Rs.12,63,062/-. It was recorded by the Rent Controller that the petitioner had received a sum of Rs.9,97,345/-. The case set up by the respondent herein is that he would entitle to adjust an amount of Rs.3,55,361/- on account of the fact that portion of the tenanted premises had not been delivered to the respondent and further that a sum of Rs.1500/- per month with the increase from September 1992 to August 2006, the respondent is entitled to adjust a sum of Rs.70,000/- as maintenance charges. The prayer of the petitioner for assessment of the provisional rent has accordingly been declined. Learned counsel for the petitioner has pointed out that only a sum of Rs.5,82,700/- has been paid through cheque as per an affidavit, Annexure P-4, given by the tenant. A sum of Rs.4,47,300/- is not having any source/mode of payment thereof. The petitioner is also disputing the right of the respondent to adjust a sum of Rs.3,55,361/- on account of portion of the tenanted premises having not been delivered to him. Since the source of payment of Rs.4,47,300/- is not clearly made out, except for the affidavit filed by the petitioner, it would be appropriate for the Rent Controller to determine this aspect and give a positive finding whether this amount has been paid by the respondent or not? He would also go into the aspect whether the respondent is entitled to seek adjustment of an amount of Rs.3,55,361/- on account of non-delivery of portion of the tenanted premises. It is so ordered. The parties, through their CIVIL REVISION NO.3874 OF 2007 :{ 3 }: counsel, are directed to appear before the Rent Controller on 2.4.2008. He would re-determine the entire issue by giving proper opportunity to the respective parties to prove their case. In case any provisional assessment of the rent is required to be made and if any rent is due towards the respondent, he would give him one opportunity to deposit the same. The present revision is accordingly disposed of. March 24, 2008 ( RANJIT SINGH ) khurmi JUDGE