Civil Revision No. 2712 of 2008 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Revision No. 2712 of 2008 Date of Decision: 17.11.2008 Inderjit Bedi and Others …Petitioners Versus M/s Pavittar Misthan Bhandar, Chandigarh ... Respondent CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Bimal Maini, Advocate for the petitioners. Mr. Rajinder Goyal, Advocate for the respondents. Kanwaljit Singh Ahluwalia, J. (Oral) Parties are not in dispute that any amount of rent paid in excess can be adjusted. Petitioners-landlord had filed a petition for eviction of tenant/respondent on the ground of non-payment of rent. Tenant appeared and tendered the rent at the rate of Rs.5,500/- per month for the ground floor and the basement before learned Rent Controller. Before leading evidence so that the rent could be adjudicated, landlord had withdrawn the eviction petition. The counter claim was filed by the tenant claiming that rent in excess has been paid, so the same be also decided. Learned Rent Controller held that landlord is not entitled to file Civil Revision No. 2712 of 2008 2 counter claim. Aggrieved against the same, an appeal was filed. Learned Appellate Authority held that the order of learned Rent Controller is not sustainable. It also noticed that learned counsel for the landlord has not disputed that tenant has paid rent in excess. In view of the statement made by learned counsel for the landlord before learned Appellate Authority that tenant has paid rent in excess, learned Appellate Authority allowed the prayer of the tenant that excess amount of rent paid be refunded. Since as per the ratio of Rakesh Wadhawan v. M/s Jagdamba Industrial Corporation 2002(1) Rent Control Reporter 514, rent paid can be adjusted. Therefore, the order passed by learned Appellate Authority refunding the amount paid in excess of rent is modified to the extent that the same will be adjusted in the rent which will be paid in future. With these observations, the present revision petition is disposed off. (Kanwaljit Singh Ahluwalia) Judge November 17, 2008 “DK”