DEEPAK GUPTA,J. - (1.) Leave granted.
(2.) The present appeal arises from a claim of the landlord ­ respondent herein, claiming rent for the period 01.11.2015 to 31.01.2017. We may point out that another petition was filed by the landlord claiming rent for the period 01.01.2013 to 30.10.2015. The landlord claimed rent @ Rs.18,43,900/ per month relying upon the lease deed dated 01.01.2013. The stand of the tenant ­ appellant herein, is that, in fact, there was a subsequent registered lease deed dated 01.09.2015 which is effective from 01.03.2015 in which the rent is @ Rs.7,50,000/ per month. In addition thereto, it is claimed that as per Clause 1(c) of the registered lease deed dated 01.09.2015, the tenant was entitled to spend an amount of Rs.9 crores for developing the infrastructure in the tenanted premises and was entitled to adjust the same against the rent.
(3.) In the eviction petition the Rent Controller determined the provisional rent @ Rs.7,50,000/ per month. The Punjab and Haryana High Court confirmed the order of the Rent Controller and the SLP filed against the same was dismissed by this Court. As far as the registered lease deed of 2015 is concerned, Clause 1(c) of the same reads as follows: "1(c) In order to avoid any dispute it is hereby agreed by and between the parties to these presents, that as mentioned hereinabove, the Lessor had handed over the said premises to the Lessee or bareshell basis and THE LESSEE has agreed to do all the internal work in the Demised Premises including furnitures and fixtures, air conditioning, lighting, flooring, false ceiling, bathroom etc. so as to bring it to the standard of and International Class IT Office. It has been agreed between the Lessor and the Lessee that the Lessee shall bear the cost of the same which shall be approximately 9 Crores. This amount will be payable by the Lessor to the Lessee and the Lessee shall adjust the same from the rent due to the Lessor till the entire amount is paid. Hence the Lessee will not be liable to pay any rent to the Lessor unless it has recovered the entire amount of approximately 9 Crores from the rent due to Lessor." After the first petition was decided, the second petition was filed claiming rent for the period, 01.11.2015 to 31.01.2017. The Rent Controller again fixed the provisional rent @ Rs.7.50 lakhs per month and the High Court relying upon the earlier orders has upheld the same. This order is in challenge before us. ;