SURJIT SINGH Vs. MANJIT SINGH AND ANR

JUDGEMENT

(1.) Learned Counsel for the Petitioner has challenged the order dated 18.11.2010 passed by learned Rent Controller, Ludhiana, thereby assessing provisional rent and directing the tenant/Petitioner to make payment of assessed amount on or before 29.11.2010.

(2.) Learned Counsel for the Petitioner/tenant argued that rent should have been assessed the moment tenant appears and files his written statement and Rent Controller has absolutely no jurisdiction to assess the rent during the pendency of the eviction petition after evidence is recorded by the Rent Controller.

(3.) Hon ble Apex Court in the matter of Rakesh Wadhawan v. M/s Jagdamba Industrial Corporation, 2002 5 SCC 440 has held as under : -