SANTOKH SINGH Vs. RAJ KUMAR BATRA

JUDGEMENT

(1.) This Revision Petition is directed against the impugned Orders dated 7th July, 2017 and 7th July, 2018 (Annexures P-3 and P-8), passed by the Court of Ld. Rent Controller, Ludhiana in Rent Petition No.RP/294/2016 and in Rent Appeal No.1129, dated 17th May, 2016, respectively.

(2.) Background of the matter is that the Ld. Rent Controller, on an earlier date (15th May, 2017), by a detailed order had determined the provisional rent along with, interest as well as the costs involved payable by the Respondent/Tenant to the Petitioner/Landlord for a composite amount of Rs.1,72,600/-, and time was granted to the Respondent to make such payment on 7th July, 2017. On the said date, however, the 1 of 3 Respondent paid only an amount of Rs.72,600/- to the Petitioner, who accepted the same "without prejudice to his legal rights". Thereafter, the Ld. Rent Controller adjourned the matter to 20th July, 2017 for the remaining payment. On that date again the Petitioner received the balance of Rs.1,00,000/- from the Respondent "without prejudice to the legal rights of the Petitioner".

(3.) He, thereafter, filed his Application dated 21st October, 2017 (Annexure P-7), seeking summary eviction of the Respondent/Tenant on account of non-compliance of the original Order dated 15th May, 2017, inasmuch as the Respondent had failed to pay the provisional amount assessed on the first date fixed for that purpose itself i.e. 7th July, 2017. Such Application was, however, dismissed by the Ld. Rent Controller vide the impugned order.