ABDUL WAHID Vs. MEHMOOD ALI AND OTHERS

JUDGEMENT

(1.) The petitioner-landlord challenges the order dated 28.01.2014 whereby, the application for assessment of provisional rent has been rejected. The grouse was that on 18.05.2010, the case was fixed for provisional assessment of rent and the same was not done and the case was fixed for his evidence/witnesses after framing of the issues.

(2.) The Rent Controller dismissed the said application on the ground that on 01.12007, the respondent-tenant had tendered the arrears of rent @ Rs.100/- along-with interest and the costs to the petitioner to the tune of Rs.300/- and the same had been accepted under protest that the same are insufficient and invalid. Thereafter, the issues had been framed on 18.05.2010 and, therefore, at this stage, there is no requirement for provisional assessment of the rent.

(3.) Counsel for the petitioner has submitted that in view of the judgment of the Apex Court in Rakesh Wadhawan and others v. M/s. Jagadamba Industrial Corporation and others, AIR 2002 Supreme Court 2004, the Rent Controller was under a bounden duty to assess the provisional rent on the basis of the pleadings as such of the parties. It is his case that since there was a dispute qua the amount of rent which was to be paid as to whether it was Rs.100/- or Rs.500/- as per the rent note on the basis of which the landlord-petitioner was claiming the same, the impugned order was not justified.