Civil Revision No.245 of 2009 - 1 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** Civil Revision No.245 of 2009 DATE OF DECISION: 17.08.2009 **** Dharm Pal . . . . Petitioner VS. Pannalal . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** Present: Mr. V.K. Sandhir, Advocate for the petitioner Mr. Parveen K. Kataria, Advocate for respondent No.1 ***** SURYA KANT J.(ORAL) This Revision Petition is directed against the order dated 24.12.2008 passed by the Rent Controller, Amritsar whereby provisional rent of the demised premises has been assessed at the rate of Rs.800/- per month and the petitioner- tenant has been directed to tender the arrears of rent for 62 months i.e. 1.10.2002 to 30.11.2008 along with interest at the rate of 6% per annum and the cost of Rs.800/-. While the respondent-landlord has claimed the rent @ Rs.1320/- per month w.e.f. 1st April, 1990, the petitioner- tenant asserted the same @ Rs.320/- per month. The Rent Controller, having regard to all the attending circumstances, has observed that the rate of rent should not be less than Civil Revision No.245 of 2009 - 2 - Rs.800/- per month which has been accordingly assessed, though provisionally. Aggrieved, the petitioner has approached this Court. Having heard learned counsel for the parties, I do not find any error of jurisdiction committed by the Rent Controller while passing the order dated 24.12.2008. Suffice it to say that the rate of rent assessed by the Rent Controller is provisional only. Nothing prevents the parties to prove their respectively-claimed rate of rent. If the plea of the petitioner-tenant regarding rate of rent is accepted, the excess payment made by him shall either be refunded or adjusted against the future rent. Since the petitioner-tenant has already tendered arrears at the rate of Rs.320/- per month, the Revision Petition is disposed of with a direction to the petitioner- tenant to tender the balance arrears of rent on or before 30th September, 2009. Dasti. (SURYA KANT) JUDGE 17.08.2009 shonkar