RAJNISH KANT Vs. SUNIL KUMAR

JUDGEMENT

(1.) A serious dispute with regard to inter se title between Sh. Sunil Kumar and his brother Sh.Shiv Kumar, is pending adjudication before this Court. The trial Court has held in favour of Sh.Sunil Kumar (the respondent herein) whereas the First Appellate Court has set aside the same.

(2.) Previously, the property was owned by late Sh. Ram Lal. Sh.Shiv Kumar and Sh.Sunil Kumar are the grandsons of late Sh.Ram Lal. Initially, Sh.Shiv Kumar had filed a petition under Sec. 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as "the 1973 Act") which was allowed. Thereafter, Sh. Sunil Kumar filed a petition claiming ownership, on the basis of the trial Court's judgment. In the aforesaid petition filed by Sh.Sunil Kumar, the petitioner disputed the relationship of landlord and tenant between him and Sh.Sunil Kumar. In the alternative, he offered to deposit the rent, payable during that time. The Rent Controller proceeded to assess the provisional rent and on account of the non-payment thereof, an order of eviction was passed. The petitioner's appeal has also been dismissed by the Appellate Authority.

(3.) In Rakesh Wadhawan and Others v. M/s Jagdamba Industrial Corporation and Others AIR 2002 SC 2004. the Supreme Court, while interpreting the provisions of the East Punjab Urban Rent Restriction Act, 1949 and the 1973 Act, held that the Rent Controller is required to assess the provisional rent to enable the tenant to deposit the rent amount. However, if the tenant does not deposit the provisional rent, he shall be liable to be straightway ejected. Thereafter, in this Court, consistently, it has been held that where the relationship of the landlord and tenant is dispute, the Rent Controller is not obliged to assess the provisional rent. Reference in this regard can be made to the judgment Mrs. Preeti v. Manmohan Singh and Another 2008(2) RCR (Civil) 185; M/s Cenlub Engineers v. Master Nimi 2014(2) RCR (Civil) 629 and Parmanand v. Divisional Commissioner, Patiala Division, Patiala and Others 2014(3) RCR (Civil) 348.