GURDIP SINGH BATRA Vs. SATNAM KAUR
LAWS(P&H)-2014-10-170
HIGH COURT OF PUNJAB AND HARYANA
Decided on October 16,2014

GURDIP SINGH BATRA Appellant
VERSUS
SATNAM KAUR Respondents

JUDGEMENT

Surinder Gupta, J. (Oral) - (1.) Heard.
(2.) This revision petition has been filed seeking relief of setting aside order dated 08.09.2010 of the Rent Controller, Jalandhar in ejectment application no.11 of 2009, whereby the provisional assessment of rent to be tendered by the tenant was made. The order dated 08.09.2010 read as follows: "Heard. Judicial file perused. As regards provisional assessment of rent, petitioner has claimed rent as mentioned in para No.2 of the petition, which is admitted to be correct in the written statement. With regard to the pleadings, the rent deed is also gone through and as mentioned in para No.10, the enhancement is at the rate of 10% from previous year one month rent. Petitioner has given calculations in para No.2 of the petition, which is as per rent note. So, rate of rent is assessed as per claim of the petitioner in different dates as mentioned in this table. Interest is payable on all this amount as per law. Costs of the petition are assessed as 1000/-. For tendering rent, interest and costs to come up on 14.10.2010.'
(3.) The learned counsel for the revision petitioner has argued that in this order the actual amount to be paid, including the arrear of rent, amount of interest etc., was not assessed. He has relied upon the observations in the case of Gurpreet Singh and another v. Brijender Bhardwaj and another reported as 2011(2) RCR (Civil) 770, wherein directions were issued to the Rent Controllers in the States of Punjab, Haryana and Union Territory, Chandigarh, which are reproduced as follows: "Hence, a direction is also given to all the Rent Controllers in the States of Punjab, Haryana and Union Territory, Chandigarh, to assess the provisional rent by multiplying the rate of rent with the period for which it is due, calculate the exact amount of interest @ 6% and after assessing the cost, give an accurate amount to the tenant which he is supposed to tender on the date fixed by the Court so that this kind of situation may not arise in future because this Court has experienced that Rent Controllers are neither calculating the amount of interest nor are giving the accurate amount.";


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.