Civil Revision No. 4134 of 2009 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 4134 of 2009 Date of decision : 4.3.2010 Mahalaxmi Rubber Industries Petitioner Versus Smt. Karam Dai Respondent CORAM : HON'BLE MR. JUSTICE S. D. ANAND Present: Mr. Gouravjit Singh, Advocate for Mr. R.S.Bajaj, Advocate for the petitioner Mr. Naveen Sharma, Advocate for the respondent. S. D. ANAND, J. It is common ground that the petitioner-tenant did not pay up the provisional assessed rent (interests and costs etc.) on the first date of hearing fixed for the purpose aforementioned. On account thereof, the learned Rent Controller ordered the ejectment of the petitioner herein from the tenanted premises. The petitioner-tenant filed an appeal against that order which came to be negatived by the learned Appellate Authority, vide order dated 9.5.2009. The law on the point under adjudication came to be validly laid down by the Apex Court in Rakesh Wadhawan Vs. M/s Jagdamba Industrial Corporation, AIR 2002 SC 2004 wherein it was held in case of non-payment of assessed provisional rent on the first date of hearing, the learned Rent Controller has no option Civil Revision No. 4134 of 2009 -2- **** but to grant an order of ejectment from the premises under tenancy. Learned counsel appearing on behalf of the petitioner is not in a position to wriggle out of the rigour enunciated in Rakesh Wadhawan's case (supra). The petition shall stand dismissed accordingly. March 04, 2010 (S. D. ANAND) Pka JUDGE