IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.7413 of 2009 (O&M) Date of Decision : 15.12.2009 Smt.Promila Devi and another .....Petitioners versus Vijay Kumar Dua .....Respondent CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Piyush Kant Jain, Advocate, for the petitioners. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- ORDER Surya Kant, J. (Oral) This revision petition is directed by the landlords against the judgment dated 27.8.2009 passed by the Appellate Authority, Ludhiana, whereby the eviction order dated 11.2.2009 passed by the Rent Controller, Ludhiana against the respondent-tenant on the ground of non-payment of arrears of provisionally assessed rent, has been set-aside and the matter has been remanded to the Rent Controller, Ludhiana, for afresh decision on merits. [2] The petitioners filed an eviction petition against the respondent alleging him to be a tenant in the demised premises comprising a shops having five shutters on the first floor, forming part of the building C.R. No.7413 of 2009 (O&M) 2 bearing No.B-XXIV-2575, Jagat Nagar, Near Nayyar Nursing Home, Rahon Road, Ludhiana. [3] It appears that the respondent-tenant denied the relationship of landlord and tenant between the parties. Meanwhile, the Rent Controller assessed the arrears of rent provisionally and directed the respondent to tender the same. The respondent-tenant having refused to tender such arrears on the ground that there existed no relationship of landlord and tenant between the parties, the Rent Controller, Ludhiana, passed the eviction order following the law laid down by the Hon'ble Supreme Court in Rakesh Wadhawan and others versus M/s Jagdamba Industrial Corporation and others, 2003 (2) Civil Court Cases 361 (SC). [4] Aggrieved, the respondent-tenant preferred an appeal which has been allowed by the Appellate Authority, Ludhiana, vide the impugned judgment dated 27.8.2009, after observing that since the respondent-tenant has disputed the relationship of landlord and tenant, it was imperative upon the Rent Controller to offer an opportunity to the parties to lead their respective evidence. [5] I have heard learned counsel for the petitioners at some length and perused the impugned order. [6] In my considered opinion, the view taken by the Appellate Authority warrants no interference by this Court in exercise of its revisional jurisdiction for the reason that the respondent-tenant has specifically denied the relationship of landlord and tenant between the parties and therefore, an opportunity has to be accorded firstly to the C.R. No.7413 of 2009 (O&M) 3 petitioners to prove such relationship and thereafter to the respondent also to rebut the same. Suffice it to observe that the denial of relationship by the respondent is at his own risk and peril and in case the petitioners are able to establish the relationship, the respondent is bound to face the consequences in law. [7] There is, however, some merit in the contentions raised on behalf of the petitioner that no unscrupulous tenant can be permitted to deny the relationship of landlord and tenant so as to avoid his liability to pay the rent. In order to safeguard the interest of both the parties, the Rent Controller, Ludhiana, would be well within his right to direct the respondent-tenant to deposit the provisionally assessed arrears of rent, though without prejudice to the respondent's legal rights and the same shall be released to the petitioners only when they furnish adequate security to the satisfaction of Rent Controller, Ludhiana, after giving notice to the respondent-tenant. The appropriate order in this respect shall be passed by the Rent Controller, Ludhiana, within a period of one month on moving an application by the petitioner-landlords. Dismissed. Dasti. 15-12-2009 (SURYA KANT) Mohinder JUDGE