AMAR NATH Vs. KASHMIR SINGH SANDHU AND ANR

JUDGEMENT

(1.) Present revision petition has been filed assailing the order dated 27th October, 2010 passed by the Rent Controller, Chandigarh, wherein he assessed the provisional rent as Rs. 90,000/-per month. Counsel for the Petitioner has drawn my attention to the rent agreement (Annexure P-2) to contend that even though the tenant was inducted at a rent of Rs. 90,000/-per month, there was a specific clause in the rent agreement, which reads as under:

(2.) Counsel for the Petitioner has stated that due to non-vacation of the premises by the tenant after expiry of the lease period, the rent ought to have been assessed as Rs. 1,80,000/-. The Rent Controller accepted the contention of the tenant that after expiry of the lease period, he became a statutory tenant and was to be governed by the East Punjab Urban Rent Restriction Act, 1949.

(3.) This Court is of the opinion that the order assessing provisional rent is interim in nature. After the parties adduce their evidence, the real controversy can be adjudicated upon by the Rent Controller, Chandigarh and if it is found that the rent is on the lower side, any deficiency can be made good later.