PARAMJIT SINGH Vs. GURBACHAN KAUR

JUDGEMENT

(1.) This petition is directed against the impugned order dated 26.10.2010. The grievance of the petitioner is two fold; one that the time granted by the learned Rent Controller for deposit of the rent alongwith its arrears is too short and second is that according to Section 13(2)(i), the rent at best could have been recovered from the petitioner for the period not exceeding upto the date of the petition and not beyond such a date.

(2.) I have heard learned counsel for the petitioner and have perused the impugned order. In so far as the first contention is concerned, this Court is not inclined to accept the same for the simple reason that in revisional jurisdiction unless some legal infirmity has been shown no interference is warranted merely because time granted is not to the satisfaction of the petitioner is no ground to set aside the impugned order.

(3.) In so far as his second grievance is concerned, it is the conceded case of the petitioner that the amount assessed is provisional and therefore is always subject to final determination of the rights of the parties. As on today the objections of the petitioner cannot be accepted because the matter is still to be decided and the rights of the parties are yet to be adjudicated. The Rent Controller always have a power to determine the issue before him including the one which has been raised by the learned ounsel for the petitioner. In any eventuality, as stated above, the assessment of the rent is only provisional and is subject to the rights of the parties. No ground to interfere. Dismissed.