BHARTI AIRTEL LIMITED Vs. SHAKTI FLOOR ROLLER MILLS

JUDGEMENT

(1.) By way of present revision petition, the petitioners-tenants have challenged the eviction, ordered against them on the basis of order dtd. 30/1/2014 passed by learned Rent Controller, Ludhiana, upheld vide order dtd. 4/8/2015 passed by the learned Appellate Authority, Ludhiana.

(2.) In the present case, the respondent-landlord filed an eviction petition against the petitioners on the ground of non-payment of rent. Vide order dtd. 6/1/2014, the learned Rent Controller, Ludhiana, assessed provisional rent to the tune of Rs.5,87,500.00along with interest and costs of the proceedings and the matter was adjourned to 30/1/2014, for payment of the amount assessed. On the date fixed i.e. 30/1/2014, petitioners did not deposit the amount, as such, on account of non-compliance of the provisional assessment order, eviction was passed against the petitioners and they were directed to hand over the vacant possession of the tenanted premises to the respondent herein.

(3.) It would be relevant to mention here that between 6/1/2014 to 30/1/2014, the petitioner-tenant did not question the validity of the provisional assessment order passed against it by the learned Rent Controller on 6/1/2014, neither on the ground of fraud nor regarding quantum of rent payable. Subsequently, the eviction order dtd. 30/1/2014 was challenged by way of first appeal filed before the Appellate Authority, Ludhiana. However, relying upon the ratio of law decided in case of 'Rakesh Wadhawan vs. M/s Jagdamba Industrial Corporation, 2002 (1) RCR, 266 (SC), the appeal filed by the petitioner was also dismissed mentioning therein that once the tenant had failed to deposit the provisional rent assessed by the learned Rent Controller, an order of eviction had to follow.