PARAMDEEP SINGH Vs. KANWALJIT SINGH AND OTHERS

JUDGEMENT

(1.) Tenant-Petitioner is in the revision petition against the order passed by the learned Appellate Authority.

(2.) The question which needs determination is whether in terms of Section 13 of the East Punjab Urban Rent Restriction Act as interpreted by Hon'ble Supreme Court in the case of Rakesh Wadhawan Vs. M/s Jagdamba Industrial Coporation, (2002) 5 SCC 440, it is incumbent upon the Rent Controller to provisionally assess the rent and grant opportunity to tender the rent before ordering eviction on the ground of non-payment irrespective of fact whether the dispute is with regard to rate of rent or the period for whcih the arrears are pending.

(3.) The respondents-landlord who are 8 in number filed the petition claiming that their father Harbans Singh was co-owner of the property having died on 17.06.2000 leaving behind the respondents as their heris. Their mother as also one brother had died. Wife of the deceased brother is also one of the petitioner in the rent petition. It is further case of the respondents-landlords that the petitioner-tenant is the tenant under the landlords since 1987 @ 400/- per month with stipulation that rent would incease @ 15% after every three years. It was further claimed that the tenant has not paid the rent from 01.09.1990. It will be significant to note that the rent petition was filed on 09.02004 i.e. after a period of more than 13 years claiming that the tenant has failed to pay the rent.