LAWS(P&H)-2020-1-359

SANJEEV Vs. AJAY MEHRA

Decided On January 09, 2020
SANJEEV Appellant
V/S
Ajay Mehra Respondents

JUDGEMENT

(1.) The present revision petition has been filed against the order dated 16.11.2018 passed by the Rent Controller, Amritsar, and the order dated 02.01.2019 passed by the Appe11 ate Authority, Amritsar. The petitioner here in has cha11enged the order of provisional assessment of rent which has been made by the Rent Controller, Amritsar.

(2.) A brief matrix of the facts relevant for adjudicating the lis in the present revision petition is that the respondent landlord had filed a petition stating therein that the demised premises consisted of two rooms, one toilet, one kitchen, lawn and store on the ground floor and two rooms, kitchen, toilet, terrace/balcony on the first floor, formed part of Kothi No.28, Green Avenue, Amritsar. It was further stated that the tenant was inducted in the year 2004 for eleven months at a monthly rent of Rs.5000/. Thereafter, with the mutual consent of the parties, the rate of rent was enhanced in the year 2010 to Rs.10,000/- per month and in the year 2012 to Rs. 14,000/- per month. The case of respondent-landlord further was that the petitioner-tenant had neither paid nor tendered the arrears of rent with effect from August, 2012, at the rate of Rs.14,000/- per month till that date and that the petitioner-tenant had also failed to pay house-tax, electricity charges and water charges despite repeated requests. The stand taken by the petitioner-tenant was that the rate of rent was Rs.5,000/- per month since his induction in the demised premises. He further took a stand that the rent at the rate of Rs. 5,000/- per month a I ready stood paid till February, 2018.

(3.) After considering the contentions of both the parties, the Rent Controller, vide order dated 16.11.2018, assessed the provisional rent and directed the tenant-petitioner to deposit rent with effect from 01.03.2018 to 30.11.2018 at the rate of Rs.14,000/- per month along with interest on such amount of Rs.3150/- and costs of Rs.3,000/-totalling Rs.1,32,150/-. Aggrieved by the said order, the petitioner-tenant challenged the order before the appellate authority. The appellate authority was of the view that the provisional rent has rightly been assessed and that the same was only provisional in nature and subject to final assessment. The petitioner-tenant sti11 aggrieved by the orders passed by the authorities below has filed the present revision petition challenging both the orders passed dated 02.01.2019 and 16.11.2018.