RAJESH KAPILA AND ANR. Vs. V.P. AGGARWAL

JUDGEMENT

(1.) THIS revision petition is directed against order dated 8.12.2010 passed by the Rent Controller, Chandigarh by which the provisional rent has been assessed @ Rs. 1000/ - per month from 1.4.2009 upto the date of filing of the petition i.e. 16.3.2010 along with interest @ 6% per annum and cost of Rs. 500/ -.

(2.) LEARNED Counsel for the Petitioner submits that the rate of rent was Rs. 2200/ - per month, which has been arbitrarily fixed by the learned Rent Controller @ Rs. 1000/ - per month. He submits that in the year 2007, the Petitioner became the owner of the demised premises and automatically stepped into the shoes of the landlord. He filed the eviction petition on 16.3.2010 on the ground of nonpayment of rent and personal necessity. He had claimed rent from 1.4.2009 till 16.3.2010 @ Rs. 2200/ - per month but the learned Rent Controller has assessed the provisional rent @ Rs. 1000/ - per month while relying upon a judgment rendered in the case of "Yashpal v. Baba Kashmir Gir", 2008(3) Civil Court Cases 412 and also on the ground that the Income Tax Returns are the self serving documents which can not be relied upon.

(3.) ON the other hand, learned Counsel for the Respondent has submitted that signatures of Ved Parkash Aggarwal on the settlement dated 20.7.1987 have been forged. She also submits that actually landlord is Petitioner No. 1 although Petitioner No. 2 stepped into his shoes only in the year 2007. At this stage of provisional assessment of rent, the Court has to rely upon the available document.