AJAY PARTAP SINGH Vs. GURDIAL SINGH AND ORS.

JUDGEMENT

(1.) THE short question which is required to be determined in the present revision petition is whether the order passed by the Rent Controller regarding assessment of provisional rent could be treated as an order under Section 13(2)(i) of the East Punjab Urban Rent Restriction Act, 1949 as applicable to Chandigarh, for short 'the Act', entitling the aggrieved person to avail the remedy of appeal under Section 15(1)(b) of the Act or whether such an order could be impugned by filing a revision petition in the High Court under Section 15(5) of the Act.

(2.) TENANT has preferred this revision petition under Section 15(5) of the Act, against the order dated April 21, 2014 passed by Rent Controller assessing the provisional rent at different rates w.e.f. July 2004 making the petitioner liable to pay a total sum of Rs. 92,15,728/ - as arrears with interest and costs.

(3.) THE Rent Controller in the light of the ratio of the judgment of Supreme Court in Rakesh Wadhawan v. M/s. Jagdamba Industrial Corporation, : (2002) 5 SCC 440 assessed the arrears of rent, interest and cost at Rs. 92,15,728/ - payable by May 28, 2014, without prejudice to the stand of both the parties to be determined at the final stage of the adjudication of the rent petition.