HARMINDER SINGH Vs. NARGIS RANI AND ORS.

JUDGEMENT

(1.) The present revision petition is directed against order dated 26.11.2014 passed by the Appellate Authority, Moga wherein, the appeal filed by the petitioner-tenant was dismissed on the account of being not maintainable as it was against the provisional order of assessment passed by the Rent Controller on 10.12.2013. The stay was accordingly vacated. A perusal of the paper book would go on to show that vide order dated 10.12.2013 in the eviction petition filed by the respondentlandlord wherein he claimed rent at Rs. 4,500/- per month from February, 2008, provisional assessment was made by the Rent Controller and the petitioner-tenant was directed to tender the rent from February, 2008 to December, 2013 for 70 months @ Rs. 4,500/- per month. The total amount of the rent came to Rs. 3,15,000/- and after adding the interest of Rs. 55,912.50 and costs of Rs. 1,000/-, total assessed amount was Rs. 3,71,912/-. The payment was to be made on 03.01.2014.

(2.) The stance of the petitioner-tenant is that rent was Rs. 500/- since he was a tenant under the original landlord and the rent note had been forged. However, as noticed, appeal has been dismissed on the ground that it is not maintainable placing reliance upon Division Bench judgment in Tirlok Singh Anand and M/s. Prem Chand and Sons and others,2012 4 CivCC 87. Reliance was also placed upon judgment of this Court in Anil Gulati vs. Anshul Kathuria, 2014 2 RCR(Rent) 282 to sustain the said order.

(3.) After hearing counsel for the parties, this Court is of the opinion that the Appellate Authority was not justified in dismissing the appeal on the ground of maintainability by placing reliance upon Tirlok Singh's case . This Court, while examining the said issue and whether the appeal lies before the Appellate Authority against an order of fixing provisional rent, held that the order of provisional assessment is also an order which is passed under the provisions of Section 13 of The Haryana Urban (Control of Rent & Eviction) Act, 1973 and, therefore, would be appealable in C.R. No. 7629 of 2014, Taninder Tandon vs. Dr. Anjan Parkash Kaur decided on 14.11.2014. The relevant observations read thus:-