SHUBHAM NALWA Vs. INDERPAL SINGH BAKSHI AND ANOTHER

JUDGEMENT

(1.) Challenge in the present revision petition filed under Art. 227 of the Constitution of India is to the order dated 12.9.2014 (Annexure P-3) passed by the Rent Controller, Chandigarh whereby eviction has been ordered on the ground of non payment of provisional rent which has been assessed on 14.8.2014 (Annexure P-1). The order dated 10.11.2014 passed by the Appellate Authority, Chandigarh is also subject matter of challenge whereby the appeal had been dismissed.

(2.) A perusal of the record would go on to show that the dispute pertains to first floor of House No.423, Sector 20, Chandigarh. The respondents-landlords filed an application for eviction pleading that rent was payable at the rate of Rs. 10,000.00 per month from March, 2013. The defence taken by the petitioner-tenant was that it was Rs. 4,500.00 per month. The Rent Controller, Chandigarh vide order dated 14.8.2014 assessed the rent at Rs. 10,000.00 per month on the ground that there was an admission that there was receipt which showed the rent was to that tune and the plea taken was that forcible signature had been taken on some blank papers and therefore there was an admission. Accordingly, arrears were assessed at Rs. 1,89,550.00 inclusive of the interest and costs. The date fixed for making payment of arrears was 12.9.2014. On the said date, counsel appeared but did not tender or offer to pay the provisional rent and accordingly took the plea that this Court had been approached by filing revision petition. The Rent Controller, Chandigarh directed eviction keeping in mind no stay was granted and the judgment of the Apex Court in Rakesh Wadhawan & others Vs. M/s Jagdamba Industrial Corporation & others 2003(2) CCC 361 and of this Court in M/s. Nihal Singh Motors and others Vs. Shama Malhotra etc. 2004 (3) PLR 389.

(3.) The certified copy of the order was prepared on 13.10.2014 and appeal was accordingly filed which has now been dismissed on 10.11.2014.