- (1.) The tenant is in revision against the order of learned Rent Controller, Patiala dated 09.42011 by which he had provisionally assessed the arrears of rent to be paid by the tenant @ Rs. 1100/- P.M. from November 2006 along with interest @ 6% P. A. and costs of Rs. 1,000/-.
(2.) In brief, the landlord had filed petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') in order to seek eviction of the tenant from room (store), situated at 76-C, Vikas Colony, Patiala which was allegedly let out to the tenant @ Rs. 1100/- per month, inter alia, on the ground of non-payment of arrears of rent. The landlord had alleged that the rate of rent is Rs. 1100/- per month which was not paid since November 2006 whereas the tenant alleged the rate of rent to be Rs. 550/- per month which has been paid till September 2008. The learned Rent Controller, vide its impugned order, assessed the arrears of rent from November 2006 onwards @ Rs. 1100/- per month.
(3.) On 13.5.2011, This Court had passed the following order:The issue involved in this case is with regard to assessment of the provisional rent. The learned Rent Controller has assessed the provisional rent by taking into account the rent @ '1100/- per month from November 2006 and has directed to pay interest @ 6% per annum along with costs of proceedings assessed at '1000/-. Learned counsel for the petitioner has drawn the attention to this Court to an order dated March 04, 2011 passed in Civil Revision No. 8076 of 2010 (O&M) titled as Gurpreet Singh and another v. Brijender Bhardwaj and another, 2011 163 PunLR 212, in which this Court had directed all the Rent Controllers in the States of Punjab, Haryana and Union Territory, Chandigarh to assess the provisional rent by multiplying the rate of rent with the period for which it is due, calculate interest @ 6% and after assessing the cost and give an accurate amount to the tenant which he is supposed to tender on the date fixed by the Court. The Registrar of this Court was directed to circulate this order to all the learned Rent Controllers in the States of Punjab, Haryana and Union Territory, Chandigarh, in accordance with law. Registry is directed to put up note as to when this order dated March 04,2011 was circulated to the learned Rent Controllers in the States of Punjab, Haryana and Union Territory, Chandigarh particularly to the Rent Controller, Patiala who has passed the impugned order on April 09,2011. Put up for hearing on 17.5.2011. In the meanwhile, the operation of the impugned order shall remain stayed.;