VISHAL GUPTA Vs. SAIRIMA DASS

JUDGEMENT

(1.) In this revision petition, challenge by the petitioner-tenant has been made to order dated 28.3.2011 passed by the Rent Controller, Chandigarh whereby provisionally assessing rent, costs and interest thereon, he was called upon to make tender of assessed rent by a stipulated date.

(2.) Rate of rent as Rs.6,000/- per month is not disputed by the petitioner-tenant but it is claimed that rent up to the month of February, 2009 stood paid and yet another payment of Rs.28,000/- was made by him for repair work of the premises. It is claimed that assessment of arrears of rent w.e.f. 1.1.2006 in the impugned order thus is factually wrong. Counsel for the petitioner-tenant has urged that when the rent already stood paid, the petitionertenant cannot be forced to pay the same once more.

(3.) Counsel for the respondent-landlord, on the other hand, has urged that no payment of rent has been made as claimed by the petitioner. Validity and legality of the impugned order is reiterated.