SHALENDER Vs. VAISH AGGARWAL SABHA, PALWAL

JUDGEMENT

(1.) The present revision petition has been filed by petitioner/tenant against the order dtd. 4/5/2023 passed by Rent Controller, Palwal whereby Rent Petition No.12 of 2022 titled Shri Vaish Aggarwal Sabha Palwal Vs. Shalender was allowed on account of non deposit of provisional rent as assessed by the Rent Controller vide order dtd. 19/4/2023 and order dtd. 5/9/2023 whereby appeal filed by the petitioner against order dtd. 4/5/2023 has been dismissed by the Appellate Authority, Palwal.

(2.) The brief facts of the case are that respondent/landlord filed Eviction Petition against the petitioner/tenant, seeking his eviction from the demised premises on the ground of non-payment of rent. The Eviction Petition was contested by the petitioner. The Rent Controller assessed the provisional rent of the demised premises vide order dtd. 19/4/2023 and the petitioner was directed to make payment of said provisional rent by 4/5/2023. On the date fixed i.e. 4/5/2023, the petitioner failed to deposit the provisional rent as was assessed by the Rent Controller vide order dtd. 19/4/2023. Consequently, the Rent Controller passed eviction order against the petitioner and gave him 3 months time to vacate the demised premises vide impugned order dtd. 4/5/2023. The petitioner being aggrieved by the said order filed an appeal. The appellate authority dismissed the said appeal vide order dtd. 5/9/2023 while placing reliance upon the judgment of Hon'ble Supreme Court in Rakesh Wadhawan Vs. M/s Jagdamba International Corporation 2002 (5) SCC 440 and decision of this Court in CR No.3577 of 2006 Rajan @ Raj Kumar Vs. Rakesh Kumar decided on 7/1/2010.

(3.) Being aggrieved, the petitioner has filed the present revision petition.