- (1.) The questions involved in this case is "(i) Whether the Rent Controller has any jurisdiction to extend time for tendering the provisional rent ?; (ii) whether the Rent Controller has jurisdiction to further extend time to tender rent in case of disagreement with the tenant on his application regarding re-assessment ?".
(2.) The landlord is in revision against the order dated 11.8.2010 by which the Rent Controller had extended time for tendering the provisional rent.
(3.) The brief facts of this case are that landlord filed petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the Act) on 27.10.2008 seeking ejectment of the tenant on the ground of personal necessity and non-payment of rent w.e.f. 1.9.2008 @ Rs. 14500/-. The tenant filed written statement contesting both the grounds of the ejectment and alleged that the rent was not Rs. 14,500/- but Rs. 7250/- per month and was not in arrears. The landlord filed replication, denying the averments made in the written statement and reiterated the contents of the ejectment petition. On 18.1.2010, the learned Rent Controller passed an order of assessment of provisional rent. The operative para reads as under: So, in view of these facts, the rent is provisionally assessed in this case w.e.f. 1.9.2008 till 31.1.2010 @ Rs. 14,500/- per month along with interest @ 6% per annum. The cost of litigation is assessed as Rs. 1000/-. However, it is made clear that any difference in the rate of rent shall be adjusted at the time of final order. Now to come up on 10.2.2010 for payment of rent provisionally assessed today and framing of issues.;