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High Court of Punjab and Haryana · body

2025 DAILYLAW 93818 (PNJ)

TIKSHAN SUD v. SANDIP SINGH

CR/5721/2025 · 2025-08-25

Virinder Aggarwal

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA (121) TIKSHAN SUD SANDIP SINGH CORAM: HON'BLE MR. JUSTICE VIRINDER AGGARWAL Present:- Mr. for the petitioner. **** VIRINDER AGGARWAL 1. Constitution of India application for provisional assessment of rent expeditiously, which is pending since 28.03.2024 and the rent petition unnecessarily at the instance of respondent/tenant by moving frivolous applications. 2. I have gone through the record. 3. Perusal of the copies of interim orders (Annexure P the petition is pending since 28.03.2024 and till date, the provisional assessment of rent has not been made by the Rent Controller. 4. Respondent put in appearance on 02.08.2024 and moved an application for setting aside 16.08.2024 and a period of one year has since elapsed but the provisional assessment of rent has not been made. The respondent is seeking adjournment for filing reply to the application for provisional assessment of the rent and IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR- Date of Decision: Versus -.- HON'BLE MR. JUSTICE VIRINDER AGGARWAL K. S Dadwal, Advocate, for the petitioner. **** VIRINDER AGGARWAL, J. (Oral) Petitioner has filed this petition under Article 227 of the Constitution of India seeking directions to the Rent Controller to decide application for provisional assessment of rent expeditiously, which is pending since 28.03.2024 and the rent petition is being adjourned time and again unnecessarily at the instance of respondent/tenant moving frivolous applications. I have gone through the record. Perusal of the copies of interim orders (Annexure P the petition is pending since 28.03.2024 and till date, the provisional assessment of rent has not been made by the Rent Controller. Respondent put in appearance on 02.08.2024 and moved an application for setting aside ex parte proceedings, which 16.08.2024 and a period of one year has since elapsed but the provisional assessment of rent has not been made. The respondent is seeking adjournment for filing reply to the application for provisional assessment of the rent and IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH -5721-2025 (O&M) Date of Decision:-25.08.2025 … Petitioner ... Respondent HON'BLE MR. JUSTICE VIRINDER AGGARWAL Petitioner has filed this petition under Article 227 of the directions to the Rent Controller to decide the application for provisional assessment of rent expeditiously, which is pending is being adjourned time and again unnecessarily at the instance of respondent/tenant, who is seeking adjournments Perusal of the copies of interim orders (Annexure P-3) shows that the petition is pending since 28.03.2024 and till date, the provisional assessment of rent has not been made by the Rent Controller. Respondent put in appearance on 02.08.2024 and moved an proceedings, which was set aside on 16.08.2024 and a period of one year has since elapsed but the provisional assessment of rent has not been made. The respondent is seeking adjournment for filing reply to the application for provisional assessment of the rent and Petitioner has filed this petition under Article 227 of the the application for provisional assessment of rent expeditiously, which is pending is being adjourned time and again who is seeking adjournments that the petition is pending since 28.03.2024 and till date, the provisional assessment Respondent put in appearance on 02.08.2024 and moved an was set aside on 16.08.2024 and a period of one year has since elapsed but the provisional assessment of rent has not been made. The respondent is seeking adjournment for filing reply to the application for provisional assessment of the rent and SAURAV PATHANIA 2025.08.25 17:11 I attest to the accuracy and integrity of this document thereafter, subsequently moved another application for dismissal of the petition by stating that the 5. Petition has been filed on the is in arrears of rent, so it was inc provisionally assess the rent and to come to a rent is due towards the respondent committed material illegality application is pending for last more than one year, this Court. Rent petitions are required to be disposed off expeditiously. 6. In view of that, the directed to decide the application of rent within a period of one month from the date next fixed in the rent petition. 25.08.2025 S. Pathania Whether reasoned / speaking? Whether reportable? r, subsequently moved another application for dismissal of the petition the petition has been filed without any cause of action. etition has been filed on the sole ground in arrears of rent, so it was incumbent upon the Rent Controller to provisionally assess the rent and to come to a prima facie rent is due towards the respondent/tenant but the learned Rent Controller material illegality by not exercising the power veste application is pending for last more than one year, Rent petitions are required to be disposed off expeditiously. In view of that, the petition is allowed directed to decide the application of the petitioner for provisional rent within a period of one month from the date next fixed in the rent petition. (VIRINDER AGGARWAL) Whether reasoned / speaking? Yes / No Whether reportable? Yes / No r, subsequently moved another application for dismissal of the petition has been filed without any cause of action. ground that the respondent/tenant umbent upon the Rent Controller to prima facie opinion as to if any but the learned Rent Controller has by not exercising the power vested in him, as application is pending for last more than one year, so it requires interference by Rent petitions are required to be disposed off expeditiously. allowed and Rent Controller is the petitioner for provisional assessment of rent within a period of one month from the date next fixed in the rent petition. (VIRINDER AGGARWAL) JUDGE Yes / No Yes / No r, subsequently moved another application for dismissal of the petition /tenant umbent upon the Rent Controller to opinion as to if any has d in him, as ires interference by and Rent Controller is assessment of SAURAV PATHANIA 2025.08.25 17:11 I attest to the accuracy and integrity of this document