G.S. Sandhawalia J. - (1.) CHALLENGE is to the order dated 06.02.2012 passed by the Rent Controller, Derabassi whereby provisional assessment of rent has been made. The Rent Controller, Derabassi assessed a sum of Rs. 41,18,366.52 as provisional rent and directed that the amount be paid by 06.04.2012. The tenant -petitioner is aggrieved against the said orders. The caveator -respondent, who is present in Court, contends that he has also challenged the said order on the ground that one of the lease deeds has not been taken into consideration and interest has not been properly calculated. The said challenge is before the Appellate Authority, SAS Nagar.
(2.) IN view of this fact and keeping in view the judgments of the Hon'ble Apex Court in Harjit Singh Uppal v. Anup Bansal, 2011(3) R.C.R. (Civil) 247 : 2011(1) R.C.R. (Rent) 438 : 2011(3) Recent Apex Judgments (R.A.J.) 317 : 2011(3) PLR 520 wherein it has been held that the appeal is maintainable against the order of fixing provisional rent, the counsel for the petitioner does not press the present petition and prays that he may be permitted to file an appeal before the Appellate Authority, SAS Nagar. The counsel for the caveator -respondent has no objection to such a request. Accordingly, the present revision petition is dismissed as withdrawn with liberty to the petitioner to approach the Appellate Authority, SAS Nagar. It is made clear that the appeal shall be heard on merits and the delay in filing the appeal shall not be objected to by the landlord. Revision petition is disposed of in above terms.;