IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1345 of 2010 Date of decision: 14th July, 2010 Sudhir Kumar Chhabra … Petitioner Versus Chander Kanta … Respondent CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. Amit Rawal, Advocate for the petitioner. Mr. Amar Vivek, Advocate for the respondent. KANWALJIT SINGH AHLUWALIA, J. (ORAL) The petitioner, who was arrayed by the landlord as a tenant, assails the order dated 7th January, 2010, whereby the provisional rent was assessed. The grievance of the petitioner is that he had denied the relationship of landlord-tenant, therefore, counsel for the petitioner in the trial Court was not well within his rights to give the concession, which has been recorded in the impugned order. Counsel for the parties are in agreement that after the parties lead their evidence, the trial Court will later-on determine as to whether the relationship of landlord-tenant exists or not. However, fair play and equity demand that the petitioner ought to deposit the compensation/damages for enjoying the fruits of the property. Thus, the amount assessed as provisional rent, which has already been deposited, be treated as compensation/damages till the final conclusion of the eviction petition. The period, for which the amount is due or not, will also Civil Revision No.1345 of 2010 be determined by the Court after the parties lead their evidence. Needless to say, the amount assessed by the Rent Controller, which has now been termed as compensation/damages, shall be paid by the petitioner in future also. With the observations made above, present revision petition is disposed of. [KANWALJIT SINGH AHLUWALIA] JUDGE July 14, 2010 rps 2