AJMER SINGH Vs. JAGWINDER SINGH

JUDGEMENT

(1.) THE landlord is in revision against the order dated 27.10.2010 passed by Rent Controller, SAS Nagar, Mohali by which an application filed by him for ejectment of the tenant for non -payment of provisional rent on the stipulated date has been dismissed.

(2.) IN brief, the case set up by the landlord is that he had let out 3 rd floor of SCF No.66, Phase VII, Mohali to the tenant on rent for the period of 1.6.2005 to 31.5.2006 @ Rs.5500/ - per month, 1.6.2006 to 31.5.2007 @ Rs.5885/ - per month and 1.6.2007 to 31.5.2008 @ Rs.6297/ - per month. As the tenant did not pay the rent @ Rs.6297/ - per month w.e.f. September 2007, the landlord filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act) on 14.12.2007 in which after service of the tenant, order of assessment of provisional rent was passed on 5.8.2009 to the following effect: - "Reply to application for assessment of provisional rent filed. Heard. Petitioner has claimed the rent @ Rs.6297/ - per month w.e.f. Sept. 2007. On the contrary, respondent has not controverted the rate of rent to be Rs.6297/ - per month. However, respondent has averred that the rent already stood paid upto Jan. 2008. No rent receipt for the intervening period between September, 2007 and Jan. 2008 has been placed on record by respondent. So the plea of respondent that he has paid the rent upto Jan. 2008 is not sustainable in view of the law laid down by the Hon'ble High Court of Punjab & Haryana in pronouncement titled as " Rajinder Kumar Vs. Bachan Singh" 2008(2) RCR 171 wherein it has been observed that: "Contention of tenant that he had paid the rent, but landlord did not issue the rent receipts - contention of tenant not believed - Held - In case, the landlord was not issuing the receipts to him, against the payment of rent, then he could move an application in the Court of Rent Controller for the deposit of the same. He could also sent the rent to the landlord by way of money order - He could also deposit the rent in the account of the landlord by way of cheque. With these observations I am of the considered opinion that the rent @ Rs.6297/ - per month is due from September, 2007. Accordingly, I assess the provisional rent @ Rs.6297/ - per month to be due w.e.f. September 2007 alongwith cost which are assessed as Rs.300/ - and interest @ 6% p.a. Accordingly, respondent is directed to tender rent @ Rs.6297/ - p.m. w.e.f. September 2007 till date alongwith interest @ 6% per annum and cost of Rs.300/ -. To come up for tender of rent for 22.9.2009."

(3.) THE aforesaid order was passed in the presence of counsel for the tenant but on 22.9.2009 when tenant was supposed to tender the rent, neither he nor his counsel appeared, consequently the learned Rent Controller passed the following order: "Present: Petitioner with Sh. Gagandeep Toni, Advocate. Case repeatedly called. None has come present on behalf of respondent. Neither respondent nor his counsel has appeared. It is now 3.25 P.M. Respondent is proceeded against ex parte. An application for passing eviction order for non tender of provisional rent filed by petitioner. To come up for consideration for 31.10.2009."