SHARDA SHARMA Vs. SOHAN LAL

JUDGEMENT

(1.) The landlady has challenged order dated 28.11.2009 passed by the Rent Controller, Mohali by which her application for seeking eviction of the tenant on the ground of short tender of provisional rent on the next date of hearing has been dismissed.

(2.) In brief, the case set up by the landlady is that the tenant was inducted in half portion/left portion comprising two rooms of Kothi No.10, Phase-I, SAS Nagar, Mohali at a monthly rent of Rs.3,500/- per month excluding electricity and water charges. She filed petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') against the tenant on the ground of nonpayment of rent w.e.f. 1.10.2003 to 31.3.2008 at the aforesaid rate. In the written statement, the tenant alleged the rate of rent to be Rs. 1,600/- per month excluding electricity and water charges, which was claimed to have been paid upto January 2008. Thus, there was a dispute with regard to rate of rent and period. The landlady then filed an application before the Rent Controller, Mohali for the assessment of provisional rent. The said application was disposed of on 17.1.2009 with the following order:-

(3.) It is apparent from the above order that neither the Rent Controller assessed the interest except for mentioning the rate nor pronounced the exact amount, which was to be paid by the tenant on the date of tender. On 25.2.2009, following proceedings were recorded: