SANJEET SINGH Vs. MOHALI MOTOR FINANCE CO.

JUDGEMENT

(1.) THE question of law involved in this revision petition is as to "whether the tenant is liable to be evicted on the ground of not tendering the provisional rent assessed by the Rent Controller on the stipulated date or the Rent Controller has the jurisdiction to extend the time for that purpose?

(2.) IN brief, the landlord filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short "the Act"] seeking eviction of the respondents/tenants from the second floor (front portion) of SCO No. 33, Sector 41-D, Chandigarh (measuring about 510 Sq. Ft.). It was alleged that the tenants were inducted in the demised premises vide lease deed dated 01.07.2005 but they remained in arrears of rent, as a result of which, their eviction was sought, inter alia, on the ground of non-payment of rent. The learned Rent Controller, vide its order dated 22.01.2009, assessed the provisional rent by calculating it w.e.f. November, 2007 till date @ Rs. 5,250/- per month alongwith interest @ 6% per annum and costs of Rs. 200/- and directed the tenants to tender it on 24.02.2009. On 24.02.2009, the following order was passed by the learned Rent Controller :-

(3.) THEREAFTER , the learned Rent Controller passed the following order on 02.03.2009 :-