- (1.) This order shall dispose of two revision petitions bearing CR-7096-2011 [for short "first petition"] and CR-7842-2011 [for short "second petition"] both titled as 'Dharam Vir Vs. Raj Kumar Book Binder'.
(2.) In the first petition, the petitioner has challenged orders dated 02.11.2011 (Annexure P-4) and dated 04.11.2011 (Annexure P-6) both passed by the learned Rent Controller, Jalandhar, whereas in the second petition, order dated 05.12.2011 (Annexure P-6) has been challenged which has been passed by the learned Appellate Authority, Jalandhar.
(3.) Petitioner Dharam Vir is the landlord who is owner of the house in which one room is in possession of Raj Kumar as a tenant. The landlord filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short "the Act"] on 19.12.2008 to which written statement was filed on 12.03.2010 and replication was filed on 28.04.2010. The learned Rent Controller assessed the provisional rent on 05.10.2011 for the period w.e.f. 08.10.1997 to 07.01.2009 @ Rs. 525/- per month, amounting to Rs. 70,875/-, interest of Rs. 24,097.50/- and costs of Rs. 500/-, total amounting to Rs. 95,472.50/-. The tenant was directed to make the payment of arrears of rent as provisionally assessed on or before 02.11.2011. On the adjourned date, i.e. 02.11.2011 which was the first date of hearing, the following order was passed by the learned Rent Controller: "Today the petition was fixed for payment of rent and petitioner evidence. But the rent has not been paid and counsel for respondent filed an application that respondent has filed an appeal against the order dated 05.10.2011 and the same is fixed for 03.11.2011. In view of the application moved by the counsel for respondent, the petition is adjourned to 04.11.2011 for payment and further proceedings.";