RAVI SETHI Vs. SARVODAYA BAL SHIKSHA SAMITI

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India challenging the order dtd. 24/7/2024 (Annexure P-13) passed by the learned Additional Civil Judge (Senior Division)-cum- Rent Controller, Sirsa whereby while dismissing the application for assessment of provisional rent it was held that the provisions of the Rent Act itself are not applicable in the present case.

(2.) Brief facts necessary for the present lis are that the petitioners herein are the landlords and had filed a petition under Sec. 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 for ejectment of respondents No.1 and 2 from the premises comprising in an area of 3 Kanals 11 Marlas 4 Sarsai measuring about 2161.19 square yards as detailed in the petition. Written statement was filed on behalf of respondents No.1 and 2. Since no provisional assessment of rent was made, an application was filed by the petitioners herein for assessment of the provisional rent and further for directions to respondents No.1 and 2 to deposit the rent assessed by the Court. Reply was also filed to the said application by respondents No.1 and 2. Vide the impugned order dtd. 24/7/2024, while dismissing the application for assessment of the provisional rent, the Rent Controller concerned held as under :

(3.) Learned counsel for the petitioners would contend that on an application filed by the petitioners for assessment of the provisional rent, a finding has been returned that the provisions of the Rent Act itself are not applicable in the present case and the application for assessment of the provisional rent was dismissed. It is further the contention of the learned counsel that while dealing with the application for assessment of the provisional rent, the petition filed under Sec. 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 itself has virtually been dismissed and the issue of maintainability has been foreclosed vide the impugned order dtd. 24/7/2024.