KANTA Vs. AVINASH KAUR

JUDGEMENT

(1.) THE petitioner is aggrieved of the procedural course adopted by the learned Rent Controller in not deciding the matter when the respondent - tenant failed to deposit the provisional rent as determined by the Court within the time stipulated therein.

(2.) ON 10.9.2008 learned Rent Controller assessed the provisional rent, costs and interest to be deposited by the respondent - tenant on 11.10.2008. It is not in dispute that the respondent failed to deposit this rent. The petitioner then moved an application for appropriate orders to be passed in view of the non -compliance of the orders of the learned Rent Controller.

(3.) THE respondent on the other hand relied upon a decision of this Court rendered in Rajinder Lal Vs. Gopal Krishan, 2006 1 RCR(Rent) 438to say that the matter should be proceeded with by framing of issues and leading of evidence.