IN THE HIGH COURT OF PUNJAB AND HARYANA 125 Gurdeep Singh Shankar Singh CORAM: Present:- NIDHI GUPTA J. (Oral) quashing/modification of the order dated 18.8.2025 (Annexure P passed by the learned Rent Controller, Batala in RP/26/2022 titled as “Shankar Singh vs. Gurdeep Singh” vide which the learned Rent Controller has assessed payment of provisional rent from N 2016 onwards till August 2025 ignoring the fact that rent upto December, 2019 has already been paid against proper receipts and therefore, the rent already paid for this period of 36 months i.e. November 2016 to December 2019 is required to be ded provisional rent assessed by the learned Rent Controller. petitioner/tenant that the petitioner had duly made payments of rent @ Rs.6000/- It is pointed out that the receipts from the respondent/landlord Civil Revision No.6523 of 2025 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.6523 of 2025 Date of decision : Gurdeep Singh Versus Shankar Singh CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Vipin Mahajan, Advocate with Ms. Chandanpreet Kaur Ahluwalia, Advocate for the petitioner. NIDHI GUPTA J. (Oral) Prayer in the present civil revision is for quashing/modification of the order dated 18.8.2025 (Annexure P passed by the learned Rent Controller, Batala in RP/26/2022 titled as “Shankar Singh vs. Gurdeep Singh” vide which the learned Rent Controller has assessed payment of provisional rent from N 2016 onwards till August 2025 ignoring the fact that rent upto December, 2019 has already been paid against proper receipts and therefore, the rent already paid for this period of 36 months i.e. November 2016 to December 2019 is required to be ded provisional rent assessed by the learned Rent Controller. It is inter alia submitted by learned counsel for the petitioner/tenant that the petitioner had duly made payments of rent @ - per month for the period January 2016 to December It is pointed out that the receipts from the respondent/landlord No.6523 of 2025 (O & M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ivil Revision No.6523 of 2025 (O & M) Date of decision :-16.09.2025 …..Petitioner …..Respondent HON'BLE MS. JUSTICE NIDHI GUPTA Vipin Mahajan, Advocate with Ms. Chandanpreet Kaur Ahluwalia, Advocate Prayer in the present civil revision is for quashing/modification of the order dated 18.8.2025 (Annexure P-5) passed by the learned Rent Controller, Batala in RP/26/2022 titled as “Shankar Singh vs. Gurdeep Singh” vide which the learned Rent Controller has assessed payment of provisional rent from November, 2016 onwards till August 2025 ignoring the fact that rent upto December, 2019 has already been paid against proper receipts and therefore, the rent already paid for this period of 36 months i.e. November 2016 to December 2019 is required to be deducted from provisional rent assessed by the learned Rent Controller. submitted by learned counsel for the petitioner/tenant that the petitioner had duly made payments of rent @ per month for the period January 2016 to December 2019. It is pointed out that the receipts from the respondent/landlord VIJAY ASIJA 2025.09.18 10.27 I attest to the accuracy and integrity of this document acknowledging payment of rent for the said period herein collectively as Annexure P the notice of the learned Rent Controller 2(i) of the written statement the petitioner wherein made payment of rent to the respondent till December 2019 “ basis of duly issued petitioner could not have been held liable to pay or be directed to pay the rent for the said period from January 2016 to December 2019. It is also pointed out that the learned Rent Controller in para 3 of impugned order dated 18.8.2025 has duly noticed this fact that “ other hand the onus to prove the payment of rent is on the respondent/tenant, and in this regard he has placed on file copies of receipts to show that he had made payment of allege Rs.6000/- the above said facts the petitioner has been directed to make payment of rent from November 2016 onwards. It is submitted that accordingly the impugned order suffers from an err face of the record. further undertakes to deposit part payment of arrears of rent to the tune of Rs.6,00,000/ Rent Controller on 2 Civil Revision No.6523 of 2025 (O & M) acknowledging payment of rent for the said period herein collectively as Annexure P-6; and this fact was also brought to the notice of the learned Rent Controller 2(i) of the written statement dated 04.3.2024 the petitioner wherein the petitioner has clearly mentioned that he had made payment of rent to the respondent till December 2019 “ basis of duly issued receipts”. It is submitted that accordingly the petitioner could not have been held liable to pay or be directed to pay the rent for the said period from January 2016 to December 2019. It is also pointed out that the learned Rent Controller in para 3 of impugned order dated 18.8.2025 has duly noticed this fact that “ other hand the onus to prove the payment of rent is on the respondent/tenant, and in this regard he has placed on file copies of receipts to show that he had made payment of allege - per month”. Learned counsel submits that despite noticing the above said facts the petitioner has been directed to make payment of rent from November 2016 onwards. It is submitted that accordingly the impugned order suffers from an err face of the record. Learned counsel for the petitioner to show his bona fide further undertakes to deposit part payment of arrears of rent to the tune of Rs.6,00,000/- on the next date of hearing before the learned Rent Controller on 22.9.2025. Heard. No.6523 of 2025 (O & M) 2 acknowledging payment of rent for the said period are duly appended and this fact was also brought to the notice of the learned Rent Controller by way of averments in para dated 04.3.2024 (Annexure P-4) filed by the petitioner has clearly mentioned that he had made payment of rent to the respondent till December 2019 “on the ”. It is submitted that accordingly the petitioner could not have been held liable to pay or be directed to pay the rent for the said period from January 2016 to December 2019. It is also pointed out that the learned Rent Controller in para 3 of the impugned order dated 18.8.2025 has duly noticed this fact that “on the other hand the onus to prove the payment of rent is on the respondent/tenant, and in this regard he has placed on file copies of receipts to show that he had made payment of alleged rent @ . Learned counsel submits that despite noticing the above said facts the petitioner has been directed to make payment of rent from November 2016 onwards. It is submitted that accordingly the impugned order suffers from an error apparent on the Learned counsel for the petitioner to show his bona fide further undertakes to deposit part payment of arrears of rent to the on the next date of hearing before the learned VIJAY ASIJA 2025.09.18 10.27 I attest to the accuracy and integrity of this document issuance of notice to the respondent as the same will only further delay the proceedings. learned counsel for the petitioner error apparent on the face of the record. Moreover, learned counsel for the petitioner the total provisional rent assessed of Rs.8,07,130/ Rent Controller in will bring Demand Draft for a sum of Rs.6,00,000/ respondent/landlord on the next date of hearing learned trial Court, which is stated to be 22.9.2025 and hand over the same to the respondent/landlord disposed of reconsider the matter keeping in view learned counsel for the petitioner. September Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No Civil Revision No.6523 of 2025 (O & M) The present petition is being disposed of without issuance of notice to the respondent as the same will only further delay the proceedings. Keeping in view the above said facts learned counsel for the petitioner, it would appear error apparent on the face of the record. Moreover, learned counsel for the petitioner to show his bona fide, the total provisional rent assessed of Rs.8,07,130/ Rent Controller in the impugned order dated 18.8.2025, the petitioner will bring Demand Draft for a sum of Rs.6,00,000/ respondent/landlord on the next date of hearing learned trial Court, which is stated to be 22.9.2025 and hand over the same to the respondent/landlord before the learned Rent Controller. In view of the above noted facts, the present petition is disposed of; and the learned Rent Controller reconsider the matter keeping in view the above said submis learned counsel for the petitioner. Pending application(s), if any, shall stands disposed of. September 16, 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No No.6523 of 2025 (O & M) 3 The present petition is being disposed of without issuance of notice to the respondent as the same will only further Keeping in view the above said facts as submitted by would appear that there is an error apparent on the face of the record. Moreover, learned counsel to show his bona fide, has undertaken that against the total provisional rent assessed of Rs.8,07,130/- by the learned the impugned order dated 18.8.2025, the petitioner will bring Demand Draft for a sum of Rs.6,00,000/- in the name of the respondent/landlord on the next date of hearing fixed before the learned trial Court, which is stated to be 22.9.2025 and hand over the before the learned Rent Controller. In view of the above noted facts, the present petition is earned Rent Controller, Batala is directed to the above said submissions of Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.09.18 10.27 I attest to the accuracy and integrity of this document