ALKA SARIN,J. - (1.)Heard through video conferencing.
(2.)This petition under Article 227 of the Constitution of India has been preferred by the landlady-petitioner against the order dated 11.01.2021 passed by the Rent Controller, Jagadhari dismissing her interim application for eviction of the tenant-respondent on the grounds of non-payment rent, damaging the suit property and for changing the nature of the suit property by raising construction.
(3.)The facts in brief are that on 03.07.2019 the landlady-petitioner filed an ejectment petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 before the Rent Controller, Jagadhari seeking eviction of the tenant-respondent from the demised premises on certain grounds including non-payment of rent for two months i.e. from01.06.2019 to 30.07.2019. Notice was issued to the tenant-respondent. Thereafter, vide order dated 27.02.2020 the Rent Controller, Jagadhari provisionally assessed the rent and passed the following order (Annexure P-
1): "Today, the case is fixed for provisional assessment of rent. In view of the observation of the Hon'ble Apex Court in the case titled as Rakesh Wadawan Versus Jagdama Industrial Corporation 2000(2) The Punjab Law Reporter 370, after hearing both the parties, the provisional rent is being assessed as under: -

Rate of rent of Rs.10,000/- per month w.e.f. 01.06.2019 to 30.07.2019 Rs.20,000/- Interest Rs.1134/- Cost Rs.500/- Total Rs.21634/

Now, the case is adjourned to 12.03.2020 for payment of assessed rent."