- (1.) The present revision petition has been filed against the order dated 25.07.2014 (Annexure P-1) whereby, the Rent Controller, Chandigarh has passed an eviction order against the petitioner-tenant in view of the nonpayment of provisional rent which had been assessed and directed the tenant to hand over the vacant possession of the demised premises to the landlord within a period of 2 months. The appeal filed before the Appellate Authority was dismissed on 22.09.2014 (Annexure P-2), which is also the subject matter of the present revision petition.
(2.) A perusal of the paper book would go on to show that the respondent-landlord filed eviction petition of the premises in question which are situated on the second floor of SCO Nos. 162-163, Sector 9-A, Chandigarh and which had been taken on rent vide agreement dated 03.10.2006. The ground of eviction was of non-payment of rent from March, 2012 as per the increase clause mentioned in the subsequent agreement dated 27.02.2008. Vide order dated 28.04.2014, the Rent Controller while deciding the issue of assessment of provisional rent, came to the conclusion that the rate of rent was Rs. 1,10,000/- per month and the amount was due from 01.04.2012 to 30.04.2014 (25 months) and after calculating the interest @ 6%, costs of Rs. 1,500/-, directed the tenant to make the payment of future rent by 10th of each calendar month and fixed the case for 25.07.2014 for making payment of the assessed rent of Rs. 29,30,250/-. The relevant part of the order dated 28.04.2014 reads thus:- "In these circumstances, provisional rent is assessed @ Rs.1,10,000/- per month payable from 01.04.2012 along with interest @ 6% per annum and Rs.1,500/- as costs. However, it is without prejudice to respective stand of both parties at the stage of final decision of present petition with further directions to respondent to make payment of rent of future period by 10th of each British calender month. The calculation of provisional rent is made as under: JUDGEMENT_446_LAWS(P&H)11_2014_1.html To come up on 25.07.2014 for making payment of assessed rent by respondent to petitioner."
(3.) On the date fixed, the tenant failed to pay the amount and eviction was ordered keeping in view the judgment of the Apex Court in Rakesh Wadhawan and others vs. Jagdamba Industrial Corporation and others, 2002 5 SCC 440 and the Division Bench judgment of this Court in Rajan @ Raj Kumar vs. Rakesh Kumar, 2010 158 PunLR 201.;