IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7079 of 2010 Date of decision: 11th November, 2010 Ram Gopal … Petitioner Versus Sardari Lal Handa … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Vaibhav Sehgal, Advocate for the petitioner. Mr. Jayander Singh Chandail, Advocate for the respondent. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Present revision petition has been filed challenging the order dated 11th October, 2010 (Annexure P-1) passed by the Rent Controller, Ludhiana, whereby he ordered that the tenant should pay the rent from 10th January, 2002 till 9th October, 2010. Counsel for the petitioner states that the rent was paid in cash to the landlord, this fact can be inferred from the conduct of the landlord, as for a period of eight long years he has initiated no proceedings. It is stated that initiation of the eviction proceedings after a delay of eight years in itself lends credence to the version of the tenant. After hearing counsel for the parties, the impugned order (Annexure P-1) passed by the Rent Controller is hereby modified to the extent that the petitioner-tenant shall deposit the rent commencing from 10th January, 2005 to 9th October, 2010 at the rate determined by the Rent Controller. However, the parties are granted liberty to lead their evidence to prove as to whether for the period from 10th January, 2002 to Civil Revision No.7079 of 2010 10th January, 2005 any rent was paid or not. Since the order assessing the provisional rent is interim in nature, this arrangement has been arrived at after hearing counsel for the parties. The Rent Controller shall specify the exact amount within one month from the receipt of a certified copy of this order, on basis of this order to facilitate payment of rent provisionally by the tenant. However, any observations made herein shall not have any bearing on the evidence to be led by the parties regarding the period for which the rent was due or paid. The Rent Controller may also finally determine the quantum of rent based upon the evidence to be adduced by the parties. With the observations made above, present petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE November 11, 2010 rps 2