CR-2053-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 125 Harminder Singh Harvinder Kaur CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. 1. petitioner is to the order dated Authority, Fatehgarh Sahib against the judgment/order dated 02.11.2023, rendered by the learned Rent Controller, was dismissed. 2. filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 eviction/ejectment of the petitioner Eviction of the petitioner was sought on account of rent from the year 199 order dated the ejectmen tenant was possession of the demised premises aggrieved against the aforesaid order of eviction, t 2025 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Harminder Singh Versus Harvinder Kaur and another CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Sandeep K. Sharma, Advocate for the petitioner. NIDHI GUPTA, J. Challenge in the present revision petition filed by the is to the order dated 25.03.2025 passed by the learned Appellate Authority, Fatehgarh Sahib, whereby the appeal against the judgment/order dated 02.11.2023, rendered by the learned Rent Controller, was dismissed. Brief facts of the case are that the respondent filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as ‘the Act’) eviction/ejectment of the petitioner-tenant Eviction of the petitioner was sought on account of rent from the year 1992; and b) bona fide necessity of the landlords. Vide order dated 02.11.2023 the learned Rent Controller, Khamanon ejectment petition filed by the respondent tenant was granted one month’s time to hand over the vacant physical possession of the demised premises to the respondent aggrieved against the aforesaid order of eviction, t IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR-2053-2025 Date of Decision: 03.04.2025 .…Petitioner ....Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Sandeep K. Sharma, Advocate for the petitioner. Challenge in the present revision petition filed by the tenant- 25.03.2025 passed by the learned Appellate , whereby the appeal filed by the petitioner against the judgment/order dated 02.11.2023, rendered by the learned the case are that the respondent-landlords had filed an application under Section 13 of the East Punjab Urban Rent (hereinafter referred to as ‘the Act’) for tenant from the demised premises. Eviction of the petitioner was sought on account of: a) non-payment of necessity of the landlords. Vide the learned Rent Controller, Khamanon, allowed petition filed by the respondent-landlords and the petitioner- time to hand over the vacant physical to the respondent-landlords. Feeling aggrieved against the aforesaid order of eviction, the petitioner had filed 25.03.2025 passed by the learned Appellate filed by the petitioner against the judgment/order dated 02.11.2023, rendered by the learned ds had filed an application under Section 13 of the East Punjab Urban Rent for from the demised premises. payment of necessity of the landlords. Vide allowed time to hand over the vacant physical landlords. Feeling he petitioner had filed RISHU KATARIA 2025.04.05 16:14 I attest to the accuracy and authenticity of this order/judgment. CR-2053-2025 (O&M) an appeal Fatehgarh Sahib 25.03.2025. 3. that the impugned order by the respondent Controller, vide order dated 0 Provisional for 305 months were calculated to be assailed by the petitioner before the learned Appellate Authority; and vide order dated Authority, appeal of the petitioner was dismissed. The aforesaid ord dated 02.05.2017 and 21.08.2017 (Annexures P were challenged by the petitioner 6390-2017. Vide order dated 19.09.2017 (Annexure P remanded the matter back to the learned afresh. Pursuant to dated 11.01.2018 (Annexure P make fresh assessment of the petitioner. (Annexure P petitioner @ arrears now payable by the petitioner were calculated paisa. 2025 (O&M) -2- dated 13.12.2023 before the learned Appellate Authority, Fatehgarh Sahib, which was dismissed vide impugned order dated 25.03.2025. Learned counsel for the petitioner that the impugned orders deserve to be set aside as by the respondent-landlords under Section 13 of the Act , vide order dated 02.05.2017 (Annexure P rovisional Rent @ ₹1,000/- per month w.e.f. January, 1 for 305 months. Resultantly, the arrears of rent to be paid by the calculated to be ₹5,39,325/-. It is submitted that the said order was assailed by the petitioner before the learned Appellate Authority; and vide order dated 21.08.2017 (Annexure P-2) passed by the learned Appellate , appeal of the petitioner was dismissed. The aforesaid ord dated 02.05.2017 and 21.08.2017 (Annexures P challenged by the petitioner-tenant before this Court by way of CR 2017. Vide order dated 19.09.2017 (Annexure P remanded the matter back to the learned Appellate Authority for decision afresh. Pursuant to same, the learned Appellate Authority, vide order dated 11.01.2018 (Annexure P-4) directed the learned Rent Controller to make fresh assessment of the Provisional However, the ld. Rent Controller, vide order dated 04.10.2023 (Annexure P-5) again assessed the Provisional @ ₹1,000/- per month w.e.f. 01.01.1992 to 30.09.2023; and the arrears now payable by the petitioner were calculated before the learned Appellate Authority, , which was dismissed vide impugned order dated Learned counsel for the petitioner-tenant, inter alia, submits e set aside as, in the application filed landlords under Section 13 of the Act, the learned Rent .05.2017 (Annexure P-1) had assessed the w.e.f. January, 1992 till date i.e. the arrears of rent to be paid by the petitioner . It is submitted that the said order was assailed by the petitioner before the learned Appellate Authority; and vide 2) passed by the learned Appellate , appeal of the petitioner was dismissed. The aforesaid orders dated 02.05.2017 and 21.08.2017 (Annexures P-1 and P-2, respectively) tenant before this Court by way of CR- 2017. Vide order dated 19.09.2017 (Annexure P-3), this Court had Appellate Authority for decision , the learned Appellate Authority, vide order 4) directed the learned Rent Controller to rovisional Rent to be payable by the Rent Controller, vide order dated 04.10.2023 rovisional Rent payable by the per month w.e.f. 01.01.1992 to 30.09.2023; and the arrears now payable by the petitioner were calculated to be ₹7,21,026.50 before the learned Appellate Authority, , which was dismissed vide impugned order dated submits in the application filed the learned Rent 1) had assessed the 992 till date i.e. petitioner . It is submitted that the said order was assailed by the petitioner before the learned Appellate Authority; and vide 2) passed by the learned Appellate ers 3), this Court had Appellate Authority for decision , the learned Appellate Authority, vide order 4) directed the learned Rent Controller to ent to be payable by the Rent Controller, vide order dated 04.10.2023 ent payable by the per month w.e.f. 01.01.1992 to 30.09.2023; and the 7,21,026.50 RISHU KATARIA 2025.04.05 16:14 I attest to the accuracy and authenticity of this order/judgment. CR-2053-2025 (O&M) 4. 02.11.2023, the eviction of the petitioner was ordered from the demised premises. The said order was challenged by the petitioner before the learned Appellate Authority 25.03.2025, the appeal filed by the petitioner has also been dismissed. 5. way of filing appeal before the learned Appellate Authority, the petitioner had also laid challenge to the order dated 04.10.2023 (Annexure P whereby the learned Rent Controller had re to be paid by the petitioner. dated 25.03.2025, shows that no consideration has b learned Appellate Authority as to whether the properly assessed by the learned Rent Controller vide order dated 04.10.2023 (Annexure P the learned Authorities provisional rent. exorbitant liability. It is contended eviction order could not have been passed by both the Authorities be 6. upon judgments in Doc Id # 2678688; (ii) Law Finder Doc Jain along with other connected petition, 2093986; (iv) Mukesh Agrawal vs. Smt. Chanchal Gupta, Doc Id # 1690198 and (v) Dalip Kaur Brar vs. M/s Guru Granth Sahib Sewa Mission (Regd.) a 2025 (O&M) -3- It is submitted that subsequently, vide impugned order dated 02.11.2023, the eviction of the petitioner was ordered from the demised premises. The said order was challenged by the petitioner before the learned Appellate Authority and vide another 25.03.2025, the appeal filed by the petitioner has also been dismissed. Learned counsel for the petitioner way of filing appeal before the learned Appellate Authority, the petitioner so laid challenge to the order dated 04.10.2023 (Annexure P whereby the learned Rent Controller had re to be paid by the petitioner. However, perusal of the impugned order dated 25.03.2025, shows that no consideration has b learned Appellate Authority as to whether the properly assessed by the learned Rent Controller vide order dated 04.10.2023 (Annexure P-5). It is submitted that in fact, at no stage have the learned Authorities below considered the correctness of the provisional rent. As such, the petitioner has been foisted with an exorbitant liability. It is contended that in this short view of the matter, the eviction order could not have been passed by both the Authorities be In support, learned counsel for the petitioner upon judgments in (i) Anjali Foundation vs. Anil Mehra, Law Finder Doc Id # 2678688; (ii) Taninder Tandon Vs. Dr. Anjan Parkash Kaur, Law Finder Doc Id #658347; (iii) Naresh Kumar vs. Mahender Kumar Jain along with other connected petition, 2093986; (iv) Mukesh Agrawal vs. Smt. Chanchal Gupta, 1690198 and (v) Dalip Kaur Brar vs. M/s Guru Granth Sahib Sewa Mission (Regd.) and Anr., Law Finder Doc Id # It is submitted that subsequently, vide impugned order dated 02.11.2023, the eviction of the petitioner was ordered from the demised premises. The said order was challenged by the petitioner before the another impugned order dated 25.03.2025, the appeal filed by the petitioner has also been dismissed. Learned counsel for the petitioner-tenant contends that by way of filing appeal before the learned Appellate Authority, the petitioner so laid challenge to the order dated 04.10.2023 (Annexure P-5) whereby the learned Rent Controller had re-assessed the Provisional Rent However, perusal of the impugned order dated 25.03.2025, shows that no consideration has been afforded by the learned Appellate Authority as to whether the Provisional Rent has been properly assessed by the learned Rent Controller vide order dated It is submitted that in fact, at no stage have below considered the correctness of the As such, the petitioner has been foisted with an that in this short view of the matter, the eviction order could not have been passed by both the Authorities below. In support, learned counsel for the petitioner-tenant relies (i) Anjali Foundation vs. Anil Mehra, Law Finder Taninder Tandon Vs. Dr. Anjan Parkash Kaur, ; (iii) Naresh Kumar vs. Mahender Kumar Jain along with other connected petition, Law Finder Doc Id # 2093986; (iv) Mukesh Agrawal vs. Smt. Chanchal Gupta, Law Finder 1690198 and (v) Dalip Kaur Brar vs. M/s Guru Granth Sahib Law Finder Doc Id # 846086. It is submitted that subsequently, vide impugned order dated 02.11.2023, the eviction of the petitioner was ordered from the demised premises. The said order was challenged by the petitioner before the impugned order dated tenant contends that by way of filing appeal before the learned Appellate Authority, the petitioner 5) ent However, perusal of the impugned order een afforded by the ent has been properly assessed by the learned Rent Controller vide order dated It is submitted that in fact, at no stage have below considered the correctness of the As such, the petitioner has been foisted with an that in this short view of the matter, the tenant relies (i) Anjali Foundation vs. Anil Mehra, Law Finder Taninder Tandon Vs. Dr. Anjan Parkash Kaur, ; (iii) Naresh Kumar vs. Mahender Kumar Law Finder Doc Id # Law Finder 1690198 and (v) Dalip Kaur Brar vs. M/s Guru Granth Sahib RISHU KATARIA 2025.04.05 16:14 I attest to the accuracy and authenticity of this order/judgment. CR-2053-2025 (O&M) 7. the petitioner. 8. the case file in great detail. 9. petitioner-tenant. It is the admitted fact on record that Rent Controller, vide order dated 02.05.2017 (Annexure P the provisional rent @ for 305 months was calculated to be appeal before the order dated assailed the P-1 and P- The said revision petition was disposed of by this Court vide 19.09.2017 learned Appellate Authority 2025 (O&M) -4- No other argument has been the petitioner. I have heard learned counsel for the the case file in great detail. I find no merit in the submissions advanced tenant. It is the admitted fact on record that Rent Controller, vide order dated 02.05.2017 (Annexure P the provisional rent @ ₹1,000/- per month w.e.f. onths. As such the arrears of rent to be paid by the was calculated to be ₹5,39,325/-. Thereafter, the appeal before the learned Appellate Authority order dated 21.08.2017 (Annexure P-2). Feeling assailed the aforesaid orders dated 02.05.2017 and 21.08.2017 (Annexures -2, respectively) before this Court The said revision petition was disposed of by this Court vide 19.09.2017 (Annexure P-3),and the matter was reminded back to the learned Appellate Authority as follows: “Aggrieved by the order of the Rent Controller, Khamanon, the tenant carried an appeal to the Appellate Authority, Fatehgarh Sahib, who has dismissed the same. The averments in Para.7 of the grounds of appeal taken before the Appellate Authority was that earlier rent at the rate of `600/- per month was deposited up to 2001 in the account of the landlord Badan Singh maintained in the Punjab & Sind Bank, Khamanon. not clear and remains subject to proof by evidence before and after 2001 to confirm transfers of money. It is argued by the learned counsel for the tenant that this aspect as raised by learned counsel for I have heard learned counsel for the petitioner and perused I find no merit in the submissions advanced on behalf of the tenant. It is the admitted fact on record that earlier, the learned Rent Controller, vide order dated 02.05.2017 (Annexure P-1) had assessed per month w.e.f. January 1992 till date i.e. such the arrears of rent to be paid by the petitioner . Thereafter, the petitioner had filed an learned Appellate Authority, which was dismissed vide Feeling aggrieved, the petitioner aforesaid orders dated 02.05.2017 and 21.08.2017 (Annexures before this Court by way of CR-6390-2017. The said revision petition was disposed of by this Court vide order dated and the matter was reminded back to the Aggrieved by the order of the Rent Controller, Khamanon, the tenant carried an appeal to the Appellate Authority, Fatehgarh Sahib, who has dismissed the same. The averments in Para.7 of the grounds of appeal taken before the Appellate Authority was that earlier rent at the per month was deposited up to 2001 in the account of the landlord Badan Singh maintained in the Punjab & Sind Bank, Khamanon. Thereafter, the position is not clear and remains subject to proof by evidence before and after 2001 to confirm transfers of money. It is argued by the learned counsel for the tenant that this aspect as on behalf of the earlier, the learned 1) had assessed 1992 till date i.e. petitioner petitioner had filed an vide aggrieved, the petitioner aforesaid orders dated 02.05.2017 and 21.08.2017 (Annexures . order dated and the matter was reminded back to the Aggrieved by the order of the Rent Controller, Khamanon, the tenant carried an appeal to the Appellate Authority, Fatehgarh Sahib, who has dismissed the same. The averments in Para.7 of the grounds of appeal taken before the Appellate Authority was that earlier rent at the per month was deposited up to 2001 in the account of the landlord Badan Singh maintained in the Thereafter, the position is not clear and remains subject to proof by evidence before and after 2001 to confirm transfers of money. It is argued by the learned counsel for the tenant that this aspect as RISHU KATARIA 2025.04.05 16:14 I attest to the accuracy and authenticity of this order/judgment. CR-2053-2025 (O&M) 10. matter was remanded back to the learned Appellate Authority for decision afresh by taking into consideration any new material which may be placed before it. Pursuant to the same, the learned Appellate Authority vide order dated 11.01.2018 (Annexure back to the learned Rent Controller 2025 (O&M) -5- contained in Para.7 of the grounds of appeal has been ignored by the Appellate Authority while passing the final order affirming the order of the Rent Controller. The Appellate Authority cannot be blamed for this, as it was for the tenant to produce the Bank statements at proper stage to show that rent was claimed. If there was laxity on the part of the tenant in not backing up the pleadings with proof and if such documentary proof exists on bank record, then to the mind of the Court the ends of justice may demand that the matter should remitted for reconsidered by the Appellate Authority by giving an opportunity to the tenant to produce bank officials/bank statements and the photocopies of rent payment receipts through banking transactions which are in his possession, so that the same compared with the transactions on the original bankers book in case they have not been weeded out. Having heard learned counsel for the parties, this Court is of the considered view that justice may be served if the matter is remanded and the Appellate Court is requested to pass a fresh order as expeditiously as possible after taking into consideration the new material which may before it by both the parties upon remand and after hearing them take a call on the evidence. Disposed of accordingly As such, vide order dated 19.09.2017 (Annexure P matter was remanded back to the learned Appellate Authority for decision afresh by taking into consideration any new material which may be placed before it. Pursuant to the same, the learned Appellate Authority vide order dated 11.01.2018 (Annexure P-4), had back to the learned Rent Controller in the following terms: contained in Para.7 of the grounds of appeal has been ignored by the Appellate Authority while passing the final order affirming the order of the Rent Controller. The Appellate Authority cannot be blamed for this, as it was for the tenant to produce the Bank statements at proper stage to show that rent was paid for the period claimed. If there was laxity on the part of the tenant in not backing up the pleadings with proof and if such documentary proof exists on bank record, then to the mind of the Court the ends of justice may demand that the matter should be remitted for reconsidered by the Appellate Authority by giving an opportunity to the tenant to produce bank officials/bank statements and the photocopies of rent payment receipts through banking transactions which are in his possession, so that the same can be matched and compared with the transactions on the original bankers book in case they have not been weeded out. Having heard learned counsel for the parties, this Court is of the considered view that justice may be served if and the Appellate Court is requested to pass a fresh order as expeditiously as possible after taking into consideration the new material which may be placed before it by both the parties upon remand and after hearing them take a call on the evidence. sposed of accordingly”. As such, vide order dated 19.09.2017 (Annexure P-3), the matter was remanded back to the learned Appellate Authority for decision afresh by taking into consideration any new material which may be placed before it. Pursuant to the same, the learned Appellate Authority vide 4), had further remanded the matter in the following terms: – ignored by the Appellate Authority while passing the final The Appellate Authority cannot be blamed for this, as it was for the tenant to produce the Bank statements at paid for the period claimed. If there was laxity on the part of the tenant in not backing up the pleadings with proof and if such documentary proof exists on bank record, then to the mind of the Court the be remitted for reconsidered by the Appellate Authority by giving an opportunity to the tenant to produce bank officials/bank statements and the photocopies of rent payment receipts through banking transactions which are in can be matched and compared with the transactions on the original bankers book Having heard learned counsel for the parties, this Court is of the considered view that justice may be served if and the Appellate Court is requested to pass a fresh order as expeditiously as possible after taking placed before it by both the parties upon remand and after hearing , the matter was remanded back to the learned Appellate Authority for decision afresh by taking into consideration any new material which may be placed before it. Pursuant to the same, the learned Appellate Authority vide remanded the matter RISHU KATARIA 2025.04.05 16:14 I attest to the accuracy and authenticity of this order/judgment. CR-2053-2025 (O&M) 11. Appellate Authority was called for Controller arrears of rent be supplied by the petitioner or the respondent. learned counsel consideration was afforded by the rent as assessed 12. order dated 04.10.2023 (Annexure P petitioner had produced only photocopies of the vouchers 2025 (O&M) -6- “14. After hearing the learned counsel for the parties and after going through the record of the case including the various vouchers placed on record Court, this Court is of the confirmed and considered view that the stage of the case when the order dated 2.5.2017 was passed by the learned Rent Controller requires to be revisited by the Rent Controller for which purpose the ca stands remanded to the learned Rent Controller, who after taking into consideration the vouchers Mark A to Mark Q, shall made a fresh assessment of tender. returned by the Rent Controller regarding provisional rate of rent @ Rs.1000/- per month would remain the same. assessment of actual arrear of rent be made after taking into consideration the vouchers Mark A to Mark Q, the amount so paid through these vouchers, the period for which the rent remained due. After so making a fresh assess of rent, one effective opportunity be granted to the tenant to deposit the arrear of rent in the court.” From a bare reading of the above, it is clear that the learned Appellate Authority had duly considered and called for in the provisional rent as assessed by Controller @ ₹1,000/- per month. And only of rent was required to be made on the basis of vouchers, if any, supplied by the petitioner or the respondent. counsel for the petitioner to the effect that consideration was afforded by the Appellate Authority assessed by the Rent Controller, is misf In compliance, the learned Rent Controller order dated 04.10.2023 (Annexure P-5) tak petitioner had produced only photocopies of the vouchers After hearing the learned counsel for the parties and after going through the record of the case including the various vouchers placed on record by the tenant before this Court, this Court is of the confirmed and considered view that the stage of the case when the order dated 2.5.2017 was passed by the learned Rent Controller requires to be revisited by the Rent Controller for which purpose the case stands remanded to the learned Rent Controller, who after taking into consideration the vouchers Mark A to Mark Q, shall made a fresh assessment of tender. The findings Rent Controller regarding provisional rate of onth would remain the same. The assessment of actual arrear of rent be made after taking into consideration the vouchers Mark A to Mark Q, the amount so paid through these vouchers, the period for which the rent remained due. After so making a fresh assessment of tender of rent, one effective opportunity be granted to the tenant to deposit the arrear of rent in the court.”(Emphasis added) bare reading of the above, it is clear that the learned considered and found that no interference rent as assessed by the learned Rent nd only an assessment of actual be made on the basis of vouchers, if any, to supplied by the petitioner or the respondent. As such, argument of for the petitioner to the effect that in appeal, no Appellate Authority to the provisional is misfounded. the learned Rent Controller has passed the taking note of the fact that the petitioner had produced only photocopies of the vouchers Mark A to After hearing the learned counsel for the parties and after going through the record of the case including the by the tenant before this Court, this Court is of the confirmed and considered view that the stage of the case when the order dated 2.5.2017 was passed by the learned Rent Controller requires to be se stands remanded to the learned Rent Controller, who after taking into consideration the vouchers Mark A to Mark Q, The findings Rent Controller regarding provisional rate of The assessment of actual arrear of rent be made after taking into consideration the vouchers Mark A to Mark Q, the amount so paid through these vouchers, the period for which the rent ment of tender of rent, one effective opportunity be granted to the tenant to bare reading of the above, it is clear that the learned interference the learned Rent assessment of actual to As such, argument of in appeal, no provisional passed the note of the fact that the Mark A to RISHU KATARIA 2025.04.05 16:14 I attest to the accuracy and authenticity of this order/judgment. CR-2053-2025 (O&M) Mark Q as per which petitioner towards rent dated 04.10.2023 (Annexure P produce on record these Original Vouchers this Court for producing t Orders of Ld. Appellate Authority for considering these vouchers, the original file of Ld. Appellate Authority has been summoned from Record Room to consider the said vouchers for the calculating the arrears for the limited purposes of the Provisional Assessment of Rent, in the absence of production of Original Vouchers before this Court’. 13. amount of paisa (@₹1,000/ aforesaid order (Annexure P the Appellate Authority; and vide appeal of the petitioner has been dismissed. 14. mention inasmuch learned Rent Controller opportunity provisionally Assessed Rent Amount on 26.10.2023’ mention here that o leave; and the stood adjourned to 02.11.2023 for conducting proceedings as per previous order. On 02.11.2023, following order was passed by the Rent 2025 (O&M) -7- as per which an amount of ₹12,700/ petitioner towards rent since 1992. It is specifically dated 04.10.2023 (Annexure P-5) that ‘the respondent has failed to produce on record these Original Vouchers this Court for producing the same on file and lastly, for compliance of Orders of Ld. Appellate Authority for considering these vouchers, the original file of Ld. Appellate Authority has been summoned from Record Room to consider the said vouchers for the ating the arrears for the limited purposes of the Provisional Assessment of Rent, in the absence of production of Original Vouchers before this Court’. Nonetheless, the learned Rent Controller deducted the said of ₹12,700/– and assessed the arrears of 1,000/- x 381 months) i.e. w.e.f. 01.01.1992 to 30.09.2023 aforesaid order (Annexure P-5) was challenged by the petitioner before the Appellate Authority; and vide impugned of the petitioner has been dismissed. Furthermore, even the conduct of the inasmuch as vide order dated 04.10.2023 (Annexure P learned Rent Controller in accordance with law had granted opportunity to the petitioner ‘for tendering the aforementioned provisionally Assessed Rent Amount on 26.10.2023’ mention here that on 26.10.2023the learned Rent Controller was and the file was taken up on 25.10.2023, on which date stood adjourned to 02.11.2023 for conducting proceedings as per previous On 02.11.2023, following order was passed by the Rent ₹12,700/– had been paid by the . It is specifically noticed in the order ‘the respondent has failed to produce on record these Original Vouchers despite numerous orders of he same on file and lastly, for compliance of Orders of Ld. Appellate Authority for considering these vouchers, the original file of Ld. Appellate Authority has been summoned from Record Room to consider the said vouchers for the limited purposes of ating the arrears for the limited purposes of the Provisional Assessment of Rent, in the absence of production of Original Vouchers he learned Rent Controller deducted the said arrears of rent to be ₹7,21,026.50 f. 01.01.1992 to 30.09.2023. The 5) was challenged by the petitioner before impugned order dated 25.03.2025, the of the petitioner has been dismissed. Furthermore, even the conduct of the petitioner requires order dated 04.10.2023 (Annexure P-5), the in accordance with law had granted one effective ‘for tendering the aforementioned provisionally Assessed Rent Amount on 26.10.2023’. It is pertinent to n 26.10.2023the learned Rent Controller was to be on file was taken up on 25.10.2023, on which date the matter stood adjourned to 02.11.2023 for conducting proceedings as per previous On 02.11.2023, following order was passed by the Rent Controller: been paid by the in the order ‘the respondent has failed to despite numerous orders of he same on file and lastly, for compliance of Orders of Ld. Appellate Authority for considering these vouchers, the original file of Ld. Appellate Authority has been summoned from Record limited purposes of ating the arrears for the limited purposes of the Provisional Assessment of Rent, in the absence of production of Original Vouchers he learned Rent Controller deducted the said 7,21,026.50 he 5) was challenged by the petitioner before order dated 25.03.2025, the requires one effective ‘for tendering the aforementioned It is pertinent to on the matter stood adjourned to 02.11.2023 for conducting proceedings as per previous RISHU KATARIA 2025.04.05 16:14 I attest to the accuracy and authenticity of this order/judgment. CR-2053-2025 (O&M) 15. circumstances. 16. petitioner that the Provisional Rent as assessed by the Authorities was exorbitant Appellate Authority; and also no finding has been given by the learned Appellate Authority as to whether the Provisional Rent was properly assessed by the learned Rent Controller or not in the impugned orders. 17. the petitioner law as enunciated by the Hon’ble Apex Court in Rakesh Wadhawan vs. M/s. Jagdamba Industrial Corporation, 2025 (O&M) -8- “Today, the case was fixed for payment/tender of rent by tenant which was provisionally assessed by this court vide its previous order dated: 04.10.2023. But the Ld. Counsel for the respondent submitted that respondent was aware to tender the rent but was neither appeared to tender rent nor given any instruction to him qua the same. It is already 04:15 PM now and till now nothing has been paid or tendered by tenant/respondent today. Accordingly, vide my separately passed detailed order of the even date, the is allowed and the ejectment order has been passed against the respondent/tenant with costs. Memo of costs be prepared. Any application, if pending in this case, was neither brought to the notice of the court nor argued upon and nor pressed by any of the parties. Accordingly, any such application, if pending, also stands disposed off in terms of final order on this petition. File be consigned to the record room after due compliance.” Thus, the eviction order came to be circumstances. Much hue and cry has been made by learned counsel for the petitioner that the Provisional Rent as assessed by the Authorities exorbitant; as also that in appeal no re Authority; and also no finding has been given by the learned Appellate Authority as to whether the Provisional Rent was properly assessed by the learned Rent Controller or not in the impugned orders. In find no merit in the said contention the petitioner for the reasons noted above. It law as enunciated by the Hon’ble Apex Court in Rakesh Wadhawan vs. M/s. Jagdamba Industrial Corporation, “Today, the case was fixed for payment/tender of rent by tenant which was provisionally assessed by this court vide 04.10.2023. But the Ld. Counsel for the respondent submitted that respondent was aware to neither appeared to tender rent nor given any instruction to him qua the same. It is already 04:15 PM now and till now nothing has been paid or tendered by tenant/respondent today. Accordingly, vide my separately passed detailed order of the even date, the ejectment petition is allowed and the ejectment order has been passed against the respondent/tenant with costs. Memo of costs be prepared. Any application, if pending in this case, was neither brought to the notice of the court nor argued upon and nor essed by any of the parties. Accordingly, any such application, if pending, also stands disposed off in terms of File be consigned to the record room after due came to be passed in the above noted Much hue and cry has been made by learned counsel for the petitioner that the Provisional Rent as assessed by the Authorities below no re-assessment was made by the Authority; and also no finding has been given by the learned Appellate Authority as to whether the Provisional Rent was properly assessed by the learned Rent Controller or not in the impugned orders. In find no merit in the said contentions of learned counsel for It is well entrenched position in law as enunciated by the Hon’ble Apex Court in a landmark judgment in Rakesh Wadhawan vs. M/s. Jagdamba Industrial Corporation, Law “Today, the case was fixed for payment/tender of rent by tenant which was provisionally assessed by this court vide 04.10.2023. But the Ld. Counsel for the respondent submitted that respondent was aware to neither appeared to tender rent nor given any instruction to him qua the same. It is already 04:15 PM now and till now nothing has been paid or tendered by tenant/respondent today. Accordingly, vide my separately ejectment petition is allowed and the ejectment order has been passed against Any application, if pending in this case, was neither brought to the notice of the court nor argued upon and nor essed by any of the parties. Accordingly, any such application, if pending, also stands disposed off in terms of File be consigned to the record room after due the above noted Much hue and cry has been made by learned counsel for the below assessment was made by the Authority; and also no finding has been given by the learned Appellate Authority as to whether the Provisional Rent was properly counsel for is well entrenched position in in Law RISHU KATARIA 2025.04.05 16:14 I attest to the accuracy and authenticity of this order/judgment. CR-2053-2025 (O&M) Finder Doc Id # categorically held as under: 2025 (O&M) -9- Finder Doc Id # 3207, wherein it is unambiguously, unequivocally and categorically held as under:- “30. To sum up, our conclusions are : 1. In Section 13(2)(i) proviso, the words 'assessed by the Controller' qualify not merely the words 'the cost of application' but the entire preceding part of the sentence i.e. 'the arrears of rent and interest at six per cent per annum on such arrears together with the cost of application'. 2. The proviso to Section 13(2)(i) of East Punjab Urban Restriction Act, 1949 casts an obligation on make an assessment of (i) arrears of rent, (ii) the interest on such arrears, and (iii) the cost of application and then quantify by way of an interim or provisional order the amount which the tenant must pay or tender on the ' of hearing' after the passing of such order of 'assessment' by the Controller so as to satisfy the requirement of the proviso. 3. Of necessity, 'the date of first hearing of the application' would mean the date falling after the date of such order by Controller. 4. On the failure of the tenant to comply, nothing remains to be done and an order for eviction shall follow. the tenant makes compliance, the inquiry shall continue for finally adjudicating upon the dispute as to the arrears of rent in the light of the contending pleas raised by the landlord and the tenant before the Controller. 5. If the final adjudication by the Controller be at variance with his interim or provisional order passed under the proviso, one of the following two orders may be made depending on the facts situation of a given case. If the amount deposited by the tenant is found to be in excess, the Controller may direct a refund. If on the other hand, the amount deposited by the tenant is found to be short or wherein it is unambiguously, unequivocally and To sum up, our conclusions are : In Section 13(2)(i) proviso, the words 'assessed by the Controller' qualify not merely the words 'the cost of preceding part of the sentence i.e. 'the arrears of rent and interest at six per cent per annum on such arrears together with the cost of application'. The proviso to Section 13(2)(i) of East Punjab Urban Restriction Act, 1949 casts an obligation on the Controller to make an assessment of (i) arrears of rent, (ii) the interest on such arrears, and (iii) the cost of application and then quantify by way of an interim or provisional order the amount which the tenant must pay or tender on the 'first date of hearing' after the passing of such order of 'assessment' so as to satisfy the requirement of the Of necessity, 'the date of first hearing of the application' would mean the date falling after the date of On the failure of the tenant to comply, nothing remains to be done and an order for eviction shall follow. If the tenant makes compliance, the inquiry shall continue for finally adjudicating upon the dispute as to the arrears of rent of the contending pleas raised by the landlord and the tenant before the Controller. If the final adjudication by the Controller be at variance with his interim or provisional order passed under the proviso, one of the following two orders may be made depending on the facts situation of a given case. If the amount deposited by the tenant is found to be in excess, the Controller may direct a refund. If on the other hand, the amount deposited by the tenant is found to be short or wherein it is unambiguously, unequivocally and In Section 13(2)(i) proviso, the words 'assessed by the Controller' qualify not merely the words 'the cost of preceding part of the sentence i.e. 'the arrears of rent and interest at six per cent per annum on The proviso to Section 13(2)(i) of East Punjab Urban the Controller to make an assessment of (i) arrears of rent, (ii) the interest on such arrears, and (iii) the cost of application and then quantify by way of an interim or provisional order the first date of hearing' after the passing of such order of 'assessment' so as to satisfy the requirement of the Of necessity, 'the date of first hearing of the application' would mean the date falling after the date of On the failure of the tenant to comply, nothing If the tenant makes compliance, the inquiry shall continue for finally adjudicating upon the dispute as to the arrears of rent of the contending pleas raised by the landlord If the final adjudication by the Controller be at variance with his interim or provisional order passed under the proviso, one of the following two orders may be made depending on the facts situation of a given case. If the amount deposited by the tenant is found to be in excess, the Controller may direct a refund. If on the other hand, the amount deposited by the tenant is found to be short or RISHU KATARIA 2025.04.05 16:14 I attest to the accuracy and authenticity of this order/judgment. CR-2053-2025 (O&M) 18. comply with/make payment of the provisional rent as assessed by the learned Rent As such, as per the above pronouncement, the eviction of the petitioner shall follow w 19. the petitioner of rent since the year 1992 2017. On a query by this Court that as t for so many years the petitioner 20. judgments as the same are distinguishable on facts undisputed tenant to deposit the arrears of rent as provisionally asses 2025 (O&M) -10- deficient, the Controller may pass a conditional order directing tenant to place the landlord in possession of the premises by giving a reasonable time to the tenant for paying or tendering the deficit amount, failing which alone he shall be liable to be evicted. Compliance shall eviction. 6. While exercising discretion for affording the tenant an opportunity of making good the deficit, one of the relevant factors to be taken into consideration by the Controller would be, whether the tenant has paid or tendered with substantial regularity the rent falling due month by month during the pendency of the proceedings. Admittedly, in the present case, comply with/make payment of the provisional rent as assessed by the Rent Controller and affirmed by the learn As such, as per the above pronouncement, the eviction of the petitioner shall follow without further consideration. On the contrary, it has been submitted by learned counsel for the petitioner before this Court that the petitioner of rent since the year 1992; and arrears of rent a query by this Court that as to why the rent has not been paid for so many years, learned counsel for the petitioner repeatedly states that petitioner is ‘ready to pay the rent’. The petitioner can derive no benefit from the relied upon judgments as the same are distinguishable on facts undisputed legal position in this regard is that it is incumbent upon the to deposit the arrears of rent as provisionally asses may pass a conditional order directing tenant to place the landlord in possession of the premises by giving a reasonable time to the tenant for paying or tendering the deficit amount, failing which alone he shall be liable to be evicted. Compliance shall save him from While exercising discretion for affording the tenant an opportunity of making good the deficit, one of the relevant factors to be taken into consideration by the Controller would be, whether the tenant has paid or tendered with substantial regularity the rent falling due month by month during the pendency of the proceedings.” (Emphasis added) the present case, the petitioner has failed to comply with/make payment of the provisional rent as assessed by the Controller and affirmed by the learned Appellate Authority. As such, as per the above pronouncement, the eviction of the petitioner it has been submitted by learned counsel for that the petitioner-tenant is not in arrears arrears of rent are payable only since o why the rent has not been paid , learned counsel for the petitioner repeatedly states that The petitioner can derive no benefit from the relied upon judgments as the same are distinguishable on facts and law. The legal position in this regard is that it is incumbent upon the to deposit the arrears of rent as provisionally assessed by the may pass a conditional order directing tenant to place the landlord in possession of the premises by giving a reasonable time to the tenant for paying or tendering the deficit amount, failing which alone he shall save him from While exercising discretion for affording the tenant an opportunity of making good the deficit, one of the relevant factors to be taken into consideration by the Controller would be, whether the tenant has paid or tendered with substantial regularity the rent falling due month by month the petitioner has failed to comply with/make payment of the provisional rent as assessed by the Appellate Authority. As such, as per the above pronouncement, the eviction of the petitioner it has been submitted by learned counsel for since o why the rent has not been paid , learned counsel for the petitioner repeatedly states that The petitioner can derive no benefit from the relied upon law. The legal position in this regard is that it is incumbent upon the sed by the RISHU KATARIA 2025.04.05 16:14 I attest to the accuracy and authenticity of this order/judgment. CR-2053-2025 (O&M) learned Rent Controller tenant is liable to the evicted forthwith from the demised premises. 21. revision petition 22. 03.04.2025 rishu 2025 (O&M) -11- learned Rent Controller ‘on the first date of hearing’ tenant is liable to the evicted forthwith from the demised premises. In view of the discussion made here revision petition, being meritless, is dismissed. Pending application(s), if any, shall also stand disposed of. 03.04.2025 Whether speaking/reasoned Whether Reportable ‘on the first date of hearing’ failing which the tenant is liable to the evicted forthwith from the demised premises. discussion made here-in-above, the present dismissed. Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Yes/No Yes/No failing which the RISHU KATARIA 2025.04.05 16:14 I attest to the accuracy and authenticity of this order/judgment.