S.S. MANN Vs. A.K. SHARMA

JUDGEMENT

(1.) This is revision petition preferred by the tenant against the order dated 6.2.2007 vide which the defence of the petition was ordered to be struck off.

(2.) THE facts of the case are that respondent-landlord preferred a petition for eviction of the petitioner on the ground of non-payment of rent. Upon the petition being instituted on 13.6.2006, notice was issued to the petitioner, which was duly served upon him on 29.8.2006 and he put in appearance before the Court. The learned Rent Controller on that very date itself assessed the provisional rent along with costs and interest and the petitioner was directed to tender the same before the Court on 13.9.2006.

(3.) ON the other hand, learned counsel for the respondent placed reliance on the judgment of the apex court in Rakesh Wadhawan v. Jagdamba Industrial Corporation, 2002(1) RCR(Rent) 514 : (2000-2)131 PLR 370 and a judgment of this Court in M/s. S. Nihal Singh Motors and others v. Shama Malhotra etc., 2004(2) RCR(Rent) 461 : (2004-3)138 PLR 389. It was contended that this Court in the aforesaid judgment in M/s. S. Nihal Singh Motors and others v. Shama Malhotra etc (supra) had while following the judgment of Rakesh Wadhawan's case (supra) has answered this controversy on almost identical facts. I have heard the learned counsel for the parties.