Sudip Ahluwalia, J. - (1.)This Revisional Application is directed against the order dated 07.09.2018 passed by the Ld. Rent Controller, U.T., Chandigarh, vide which the Application filed by the Petitioner on 11.7.2018 for assessment of provisional rent in the Eviction Petition filed by the Respondents/Landlords under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 was dismissed.
(2.)Background of the matter is that the Rent Petition was filed on behalf of the Respondents seeking eviction of the Petitioner from the demised premises being certain Shop Portions on the Groundfloor of SCF No.22-23, Sector 28-C, Chandigarh (Annexure P-1) on 12.9.2017. In his Written Statement filed on 11.4.2018 (Annexure P-2), the Petitioner/Tenant made certain averments, which were interpretted by the Ld. Rent Controller to mean that he had denied the Landlord-Tenant relationship between himself and the Respondents/Landlords. Consequently, the Ld. Rent Controller in its order passed on 17.5.2018 (Annexure P-4) observed, "Replication to the written statement filed on behalf of the Petitioner. As respondent has denied relationship of Landlord-Tenant between the parties, the provisional rent cannot be assessed..........." Thereafter, the Rent Controller framed issues on the same date and posted the matter to 11.7.2018 for PWs. On that subsequent date, the Petitioner filed his aforesaid Application seeking assessment of provisional rent, which was dismissed vide the impugned order.
(3.)Before proceeding further to consider the arguments and submissions raised on behalf of both sides, it would be appropriate to first take note of the relevant averments, which were made by the Petitioner/Tenant in his Written Statement, which were interpreted by the Ld. Rent Controller as denial of the Landlord-Tenant relationship, in the context of the Claim of the Respondents/Landlords in Para 2 of their Eviction Petition that they "are the co-owners and landlords of SCO 22-23 Sector 28-C, Chandigarh, hereinafter referred to as "the building in question". The copies of the Transfer Letters dated 23.12.2008 are annexed as Annexures P-1 and P-2".