Civil Revision No.2336 of 2009 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.2336 of 2009 Date of Decision:-July 27,2009 M/s Allied Properties ....Petitioner Versus Charanjit Singh ....Respondent CORAM: HON'BLE MR.JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment? 2. Whether to be referred to the Reports or not? 3. Whether the judgment should be reported to the Digest? Present: Mr.Anuj Raura,Advocate for the petitioner. None for the respondent. ORDER Surya Kant, J. (Oral): This revision petition is directed against the order dated 12.3.2009 passed by the Rent Controller, Chandigarh, whereby the petitioner-landlord's application for assessment of provisional rent, has been dismissed. Notice of motion was issued; the respondent has been served, however, no one appears on his behalf. The petitioner has filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, alleging that the respondent is a tenant in the premises comprising one room and kitchen, common latrine-bathroom and rear courtyard on ground-floor Civil Revision No.2336 of 2009 2 of House No.198, Sector 38-A, Chandigarh. The petitioner relies upon a rent-note in this regard. The only ground pressed for eviction is non-payment of rent. The respondent has put in appearance before the Rent Controller and disputed the relationship of landlord and tenant. He has also denied the execution of Rent-Note in favour of the father of the petitioner-landlord. The respondent appears to have alleged the the same to be a fictitious and forged document. Having heard the learned counsel for the petitioner at some length, I am of the considered view that though in a case where there is a bonafide dispute regarding relationship of landlord and tenant, the Rent Controller would be justified in not assessing the provisional rent, however, the Court cannot be oblivious of the fact that a tenant may, with mala fide intention not to pay the rent, also take a false plea and refuse to tender the rent. In such like cases, the Rent Controller should put the tenant to an advance notice that in the event of his plea found to be false, no other opportunity shall be given and he shall not be entitled to tender the arrears of rent at a later stage. In other words, the plea taken by him shall be at his own risk and responsibility. The revision petition is disposed of with a direction to the Rent Controller to put the respondent-tenant to such a notice and thereafter to dispose of the matter at the earliest. Dasti. (Surya Kant) Judge 27.7.2009 AS