CHOPRA JEWELLERS Vs. RAJENDER PAL GUPTA

JUDGEMENT

(1.) THIS revision petition is directed by the tenant against the order dated 2.2.2009 passed by the Rent Controller, Ludhiana, whereby provisional rent of the demised premises has been assessed @ Rs. 350/- per month and he has been directed to tender the arrears of rent of Rs. 80,636/- from January, 1991 onwards.

(2.) NOTICE of motion was issued in this petition and pursuant thereto, counsel for the parties have been heard.

(3.) AS ruled by the Hon'ble Supreme Court in Rakesh Wadhawan and others v. M/s. Jagdamba Industrial Corporation and others, 2002(1) R.C.R.(Rent) 514 : 2003 (2) Civil Court Cases 361 (SC), where the tenant has disputed the relationship of landlord and tenant, the Rent Controller is not obliged to assess the provisional rent. Since in the case in hand also, the petitioner-tenant has specifically denied the relationship of landlord and tenant and asserts himself to be a tenant under one Kishore Chand and thereafter under Smt.Shakuntla Devi, daughter in-law of Kishore Chand, there was no occasion for the Rent Controller to pass the impugned order of provisional assessment of the rent. This, however, cannot absolve the petitioner-tenant of the legal consequences if the relationship of landlord and tenant is finally proved. Suffice it to observe that the unscrupulous tenants would invariably deny the relationship of landlord and tenant so as to avoid the payment of rent and on conclusion of the case if such relationship is proved, they come forward to tender the arrears of rent. This kind of malpractice, meant to harass the landlord, needs to be nipped in the bud.