- (1.) The landlady has challenged order dated 28.11.2009 passed by the Rent Controller, Mohali by which her application for seeking eviction of the tenant on the ground of short tender of provisional rent on the next date of hearing has been dismissed.
(2.) In brief, the case set up by the landlady is that the tenant was inducted in half portion/left portion comprising two rooms of Kothi No.10, Phase-I, SAS Nagar, Mohali at a monthly rent of Rs.3,500/- per month excluding electricity and water charges. She filed petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act') against the tenant on the ground of nonpayment of rent w.e.f. 1.10.2003 to 31.3.2008 at the aforesaid rate. In the written statement, the tenant alleged the rate of rent to be Rs. 1,600/- per month excluding electricity and water charges, which was claimed to have been paid upto January 2008. Thus, there was a dispute with regard to rate of rent and period. The landlady then filed an application before the Rent Controller, Mohali for the assessment of provisional rent. The said application was disposed of on 17.1.2009 with the following order:- ''Heard on the question of determination of provisional rent. Petitioner has claimed rent at the rate of Rs.3500/- per month w.e.f. 1.10.2005. On the contrary, respondent has alleged the rate of rent to be Rs.1600/- w.e.f. February 2008. No rent agreement or any other document has been placed on record to deduce the rate of rent. Ld. counsel for the respondent,has submitted that he has already deposited rent upto January, 2008 and dispute arose only in February, 2008 when respondent filed a civil suit for permanent injunction against petitioner qua dispossession of respondent. On the contrary Id. Counsel for the petitioner has vehemently contended that the rent is due from 1.10.2005. After hearing the rival contentions of the parties and after giving considerable thought to the same I have found there is no rent receipt on record and I am of the considered opinion that since there is no document on record to determine the actual rate of rent and actual period qua which the rent is due, so I assess rent provisionally at the rate of Rs.2400/- per month due w.e.f. January, 2007. So respondent is directed to make the payment of rent provisionally at the rate of Rs.2400/- per month w.e.f. January 2007 till date along with costs which is assessed as Rs.300/- along with interest at the rate of 6% per annum. To come up for tender of rent for 25.2.2009.''
(3.) It is apparent from the above order that neither the Rent Controller assessed the interest except for mentioning the rate nor pronounced the exact amount, which was to be paid by the tenant on the date of tender. On 25.2.2009, following proceedings were recorded: ''I am depositing Rs.61,500/- as per order dated 17.1.2009 under protest being excess rate of rent and time period. Rent is from Jan. 2007 till Feb. 2009 at the rate of Rs.2400/- per month and with interest at the rate of 6% per annum and cost Rs.300/-. I have received under protest the tender Rs.61,500/- being short invalid and insufficient.'';