SATINDER SINGH Vs. RAJ CREATORS

JUDGEMENT

(1.) It is apparent from the impugned order that it contains a factually incorrect averment. The learned Rent Controller had observed in the course thereof that "the rate of rent is admitted as earlier discussed".

(2.) In fact, there is nothing on record to show that the parties had ever agreed upon the rate of rent. In fact, the petitioner herein had throughout raised a plea that the rent was payable @ Rs.10,000/- per month; while the rate of rent averred by the party opposite was @ Rs.1,000/-.

(3.) In the light of the fact that the very foundational premise of the impugned order has been found inaccurate, the impugned order shall stand set aside. The learned Rent Controller is directed to dispose of the matter afresh within a period of 7 days from the date on which the matter comes to be listed before it hereinafter. The petitioner, through his learned counsel, is directed to appear before the learned Rent Controller on 05.03.2010. It will be for the learned Rent Controller to notify the date fixed to the learned counsel opposite.