BALWINDER SINGH SANDHU Vs. RITESH ARYA

JUDGEMENT

(1.) The landlord filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act (hereinafter to be referred to as 'the Act') seeking eviction of the tenant from Flat No.14, Spangle Height, Dhakauli, Zirakpur, Tehsil Derabassi, District SAS Nagar, Mohali on the following grounds:

(2.) The Rent Controller assessed the provisional rent vide order dated 07.04.2018 (Annexure P-5) and whereby tenant was directed to pay provisional rent of Rs. 10,41,280/-. Appeal having been preferred by the tenant, the Appellate Authority remanded the matter back to the Rent Controller to assess the rent for the period February, 2016 to December, 2016 and January, 2017 to March, 2017 vide order dated 03.05.2018 (Annexure P-4). Thereupon, Rent Controller assessed the provisional rent for the period February, 2016 to August, 2018 along with interest and cost and directed the tenant to pay an amount of Rs. 3,83,3680 paise towards provisional rent till 18.08.2018. Tenant having failed to tender such amount, eviction order was passed on 23.08.2018. Aggrieved by the afore noticed orders passed by the Rent Controller, tenant filed an appeal and vide order dated 10.09.2018 passed by the Appellate Authority-cum-Additional District Judge, SAS Nagar Mohali, the provisional rent stands assessed as under:

(3.) In consequence thereof, the order of eviction dated 208.2018 passed by the Rent Controller has been set aside and the matter stands remanded back to the Rent Controller with a direction to afford 15 days time to the tenant to pay the provisional rent so assessed.