HARVINDER SINGH Vs. HARVINDER KAUR

JUDGEMENT

(1.) The present judgment shall dispose of two Civil Revisions bearing CR-3167 and 3170-2016, since they are based on identical facts and between the same parties.

(2.) The premises in question is a shop and a godown which were rented out and eviction has been ordered on 11.05.2015 on account of failure of the tenant to deposit the provisional rent as assessed by the Rent Controller, Khanna, for the premises. The same has also been upheld in appeal by the Appellate Authority on 05.04.2016. Resultantly the petitioner-tenant, being aggrieved against the said orders of eviction, is before this Court in a revision petition filed under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949.

(3.) Counsel for the petitioner has, accordingly, submitted that once the relationship of landlord-tenant was disputed inter se the parties, no provisional rent was liable to be assessed and the eviction order, thus, was not justified. It is, accordingly, submitted that an issue should have been framed on that account and thereafter, at the time of final disposal, the Rent Controller could have come to the finding that there was a relationship, as such and to order eviction, thereafter. Reliance has been placed upto the judgment passed in CR-2255-2009 titled M/s Chopra Jewellers Vs. Rajendr Pal Gupta, decided on 16.09.2009, wherein this Court had set aside the order whereby provisional rent had been assessed and directions had been issued to frame specific issues as to whether there existed a relationship as such.