Civil Revision No. 17 of 2010 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 17 of 2010 Date of decision: 22.4.2010 Satnam Sharma ...Petitioner Versus Mrs. Nirmal Kashyap and another ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. V.K.Jain, Senior Advocate with Mr. J.K.Bhatti, Advocate for the petitioner. Mr. Gourav Chopra, Advocate for the respondent. S.D.ANAND, J. The order under challenge assessed the provisional rent (and also the rate at which and duration for which it was payable). It also assessed the interest and costs payable thereupon. It made assessment for the period 1.6.2000 onwards, with interest at the rate of 6% per annum. A sum of Rs.240/- was ordered to be awarded as costs thereon. It is argued by the learned Senior Counsel, appearing on behalf of the petitioner, that a Civil Court had already upheld the entitlement of the respondent-landlord to recover rent at the rate of Rs.6000/- per month for the period from 7.1.2002 to 6.1.2005 and that being so, it was not open to the learned Rent Controller to assess the rent for the period beyond the date of institution and also for the period covered by the Civil Court judgment. Civil Revision No. 17 of 2010 -2- **** Learned counsel, appearing on behalf of the respondent- landlord, did not dispute the fact that a civil suit filed by the landlord for the recovery of arrears of rent for the period 7.1.2002 to 6.1.2005 at the rate of Rs.6000/- per month had been decreed vide judgment and decree dated 28.11.2008 but he argued that there is nothing to debar the learned Rent Controller from assessing the provisional rent for that period. Learned counsel also reiterated the line of reasoning adopted by the learned Rent Controller in assessing future rent. By the very nature of things, when a competent Civil Court had already upheld entitlement of the respondent-landlord to recover rent for the period 7.1.2002 to 6.1.2005, it is not open to the learned Rent Controller to make a provisional assessment of rent for that period. Further, it is also not competent for the learned Rent Controller to assess rent for the period beyond the date of institution. However, the rate at which provisional rent was assessed (and also the amount of interest and costs) cannot be interfered with, for want of any valid grievance in respect thereof. Further, the assessment can be made only for the period of three years preceding the date of institution. The petition shall stand allowed accordingly in the light of observations aforementioned. The learned Rent Controller shall proceed to reassess the provisional rent in the light thereof and adjourn proceedings for payment of provisionally assessed rent. If the tenant does not pay up on the first date of hearing, it will for the learned Rent Controller to dispose of the proceedings in accord with the law laid down by the Apex Court in Rakesh Wadhawan Vs. M/s Civil Revision No. 17 of 2010 -3- **** Jagdamba Industrial Corproation AIR 2002 SC 2004 and a Division Bench judgment dated 7.1.2010 passed in Civil Revision No.3577 of 2006 (Rajan alias Raj Kumar Vs. Rakesh Kumar). Disposed of accordingly. April 22, 2010 (S.D.Anand) Pka Judge