LAWS(P&H)-2013-10-369

JEET SINGH AND ANOTHER Vs. SUBHASH CHANDER SHARMA

Decided On October 10, 2013
Jeet Singh And Another Appellant
V/S
SUBHASH CHANDER SHARMA Respondents

JUDGEMENT

(1.) THE tenants are in revision aggrieved against the order dated 29.4.2013 (P1) passed by the learned Rent Controller, Chandigarh whereby provisional rent was assessed @ Rs. 25,000/ - per month payable w.e.f. 1.2.2011 to 31.1.2012; further challenge is to the order dated 29.5.2013 (P2) passed by the learned Rent Controller, Chandigarh whereby their eviction has been ordered from the demised premises comprising one room measuring 9' x 14' situated on the backside of SCF No. 40, Sector 26, Subzi Mandi, Chandigarh for non -deposit of the arrears of provisional rent; further challenge is to the order dated 14.8.2013(P3) passed by the Appellate Authority, Chandigarh whereby the appeal against order dated 29.5.2013(P2) has been dismissed. Learned counsel for the petitioners/tenants has argued that the provisional rent assessed vide impugned order dated 29.4.2013 (P1) was not correctly assessed by the learned Rent Controller, inasmuch as the arrears were ordered to be paid w.e.f. 1.2.2011 by ignoring the fact that the tenants had already tendered arrears till 30.4.2011 at the admitted rate of Rs. 25,000/ - p.m., before the learned Rent Controller in the other eviction petition filed by the landlord in respect of the same demised premises. It is thus submitted that the impugned order (P1) and the subsequent orders (P2 and P3) are liable to be set aside.

(2.) AFTER hearing counsel for the petitioners/tenants, this Court is not persuaded to accept the plea of the tenants.