RAJAN ALIAS RAJ KUMAR Vs. RAKESH KUMAR

JUDGEMENT

(1.) This reference has been made by a learned Single Judge on February 5, 2007 in view of differing interpretations given by two Single Judges of this Court, to the judgment of the Hon'ble Supreme Court reported as Rakesh Wadhawan v. Jagdamba Industrial Corporation, 2002 AIR(SC) 2004.

(2.) In the reference order, the learned Single Judge has made reference to a judgment of this Court in case Rajinder Lal v. Gopal Krishan,2006 2 PLR 124, which the learned Counsel for the petitioner had relied upon to contend that even if the petitioner had failed to pay the arrears of provisional rent as assessed by the learned Rent Controller, an opportunity for regular trial has to be given to the petitioner. The view taken by the learned Single Judge in that judgment is contained in para No. 18 which reads thus:

(3.) On the contrary, learned Counsel for the respondent has, placed reliance upon judgment of another learned Single Judge reported as Madan Lal and Anr. v. Baldev Raj,2004 2 PLR 834, to contend that the judgment of the Hon'ble Supreme Court in Rakesh Wadhawan's case (supra) clearly lays down that in case the tenant fails to make the payment of rent, assessed by the learned Rent Controller provisionally, the order of ejectment has to follow and nothing more is required to be done by the learned Rent Controller.