CHAND KUMAR AHUJA Vs. GURDARSHAN SINGH GILL

JUDGEMENT

(1.) This revision petition is filed by the landlord under Article 227. of the Constitution of India for the issuance of a direction to the Rent. Controller, Bathinda to pass order of eviction against the tenant in terms.of the decision of the Supreme Court in the case of Rakesh Wadhawan v. M/s Jagdamba Industrial Corporation, 2002 1 RCR(Rent) 514.

(2.) In brief, the landlord filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short "the Act"] in respect of the demised premises comprising of approximately 9826 Sq. ft. space, situated in Street No. 6, Nai Basti, Bathinda which was initially let out @ Rs. 39,000/- per month upto 31.08.2001 and thereafter, with the periodical increase of 10%, the present rate of rent is Rs. 57,099/- per month. The eviction has been sought on the ground of non-payment of arrears of rent w.e.f. 01.12.2002 to 28.12.2005. The learned Rent Controller assessed the provisional rent on 07.04.2006 amounting to Rs. 15,73,931.85/- which was ordered to be paid on the next date of hearing, i.e. 21.04.2006. The tenant challenged the said order by way of CR-2169-2006 titled as 'Gurdarshan Singh Gill v. Chand Kumar Ahuja' which was dismissed on 21.04.2006. The operative part of the order reads as under :

(3.) Since the Rent Controller had adjourned the case for 21.04.2006 for tender of rent but the CR-2169-2006 filed by the tenant was also decided by this Court on 21.04.2006 , therefore, learned counsel for the tenant made a request before the Rent Controller for extension of time. Accordingly, the matter was adjourned by the Rent Controller for 29.04.2006 for the same purpose. The order passed by the Rent Controller on 21.04.2006 reads as under :