(1.) The petitioner herein is a tenant. In a petition for his eviction, the rent Controller vide order dtd. 11/1/2012, assesed the provisional rent while passing the following order:-
(2.) Subsequently, the landlord claimed that the tendered amount is a short tender/deficient. The Rent Controller while passing the final judgment on 17/10/2014, passed a conditional order of eviction unless he pays the balance amount of Rs.576.00 within a period of 2 months. The petitioner is stated to have paid the said amount on 13/11/2014. However, the tenant's appeal has been allowed by the Appellate Authority on the ground that the rent tendered on 16/2/2012 was short.
(3.) The concept of assessing the provisional rent has come into practice after the interpretation of the provisions of the Act in Rakesh Wadhawan and others vs. M/s Jagdamba Industrial Corporation and others, 2001(1) RCR (Rent) 514.