IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R.No.6423 of 2010 (O&M) Decided on 21.1.2011. Barsati Ram --Petitioner vs. Ramji Dass -- Respondent CORAM: HON'BLE MR.JUSTICE RAKESH KUMAR JAIN Present : Mr.H.S.Dhindsa, Advocate,for the petitioner Mr.Puneet Jindal,Advocate,for the respondent Rakesh Kumar Jain, J,(Oral) This revision petition is directed against the order dated 27.8.2010 passed by learned Rent Controller, Ludhiana, by which provisional rent has been assessed despite the fact the petitioner had denied the relationship of landlord and tenant. Learned counsel for the petitioner has relied upon a judgment of this Court in the case of M/s Gawritex Industries Limited, Panchkula Vs. Sqn. Ldr. Gurdial Singh (Retd) & others 2009 (2) RCR 213 to contend that where the tenant denies the relationship of landlord and tenant, the Rent Controller is not supposed to pass an order of assessing provisional rent. Learned counsel for the respondent, however, does not dispute the ratio of law laid down in the aforesaid case. CR No.6423 of 2010 (O&M) -2- In view of the above, the present revision petition is allowed and the impugned order is set aside. This Court is informed that issues are yet to be framed. In case an issue is sought about the existence of relationship of landlord and tenant between the parties and the same is decided in affirmative in favour of the landlord, then no opportunity shall be granted to the tenant to tender the arrears of rent on the basis of assessment and there shall be order of the eviction from the demised premises. 21.1.2011 (Rakesh Kumar Jain) RR Judge