KULDEEP SINGH Vs. KRISHAN SINGLA

JUDGEMENT

(1.) (ORAL) Present petition is filed challenging the order dated 6.2.2008 passed by learned Rent Controller, Bathinda, whereby learned Rent Controller has assessed the provisional rent and directed the tenant-petitioner herein to deposit the assessed rent with interest @ 6% per annum and cost of Rs.1,000/- on the next date of hearing fixed before the learned Rent Controller.

(2.) Brief facts of the present case are that landlord-respondent herein has filed a suit for eviction against the tenant-petitioner herein saying present petitioner is a tenant in the demised premises @ Rs.2,000/- p.m. and is in arrears of rent w.e.f. 1.4.1993. Before the learned Rent Controller tenant-respondent has asserted that rate of rent is Rs.500/- p.m. only. It has further been stated by the tenant that since present landlord has purchased the property vide sale deed dated 14.10.2004, hence, landlord is not entitled to recover any rent for the period prior to the sale deed. It has further been asserted by the tenant that he has already paid rent to the previous landlord.

(3.) I have heard learned Counsel for the parties and perused the record. In the present case, as per the landlord monthly rent is Rs.2,000/- p.m. while as per the tenant monthly rent is Rs.500/- p.m. In such eventuality, learned Rent Controller seems to be correct and within its jurisdiction to assess the rent @ Rs.1,000/- p.m. from 1.4.1993 to 31.3.1998, @ Rs.1,500/- p.m. from 1.4.1998 to 31.3.2003 and @ Rs.2,000/- p.m. from 1.4.2003 to till date. Sale deed, copy of which is filed on the record as Annexure P-5, reveals that present landlord/purchaser was vested with the right to claim the arrears of rent including dues, past and future rent from the tenant. In view of this, learned Rent Controller was well within its jurisdiction while directing the tenant to make payment of rent for the period prior to the sale deed. No illegality or perversity is pointed out in the impugned order.