High Court of Punjab and HaryanaCR/3119/2017dismissed

Amit Kumar v. Jaspal Singh

2018-01-30Mrs. Justice Raj Rahul Garg2 pages

C.R. No. 3119-2017

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH C. R No. 3119 of 2017 Date of decision : 30.01.2018 Amit Kumar ....Petitioner versus Jaspal Singh

...Respondent

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Harish Sharma, Advocate for the petitioner.

Mr. Akshay Rawal, Advocate for the respondent.

**** RITU BAHRI , J. (Oral) The present petition is against an order dated 03.04.2017 passed by learned Rent Controller assessing the provisional rate of rent to be Rs.1750/- per month and directed the petitioners to pay an amount of Rs.1,21,250/- for the period of 63 months.

At the very outset, learned counsel for the respondent has referred to a judgment of this Court in a case of Ajay Pratap Singh vs. Gurdial Singh and others, 2016(2) RCR (Rent) 475 to contend that in view of the judgment of Harjit Singh Uppal v. Anup Bansal, 2011(3) RCR (Civil) 247, the interim order determining the provisional rent is an order appealable under Section 15(1)(b) of the East Punjab Rent Restriction Act, Applying the ratio of the above mentioned judgment to the facts of the present case, the present petition is dismissed and liberty is Gaurav Arora 2018.03.12 10:19 I attest to the accuracy and integrity of this document Chandigarh

C.R. No. 3119-2017 granted to the petitioner to file an appeal before the Appellate Court under Section 15 (1) (b) of the East Punjab Rent Restriction Act, 1949. It is ordered that the interim order dated 03.04.2017 will remain operative till the filing of the appeal. After appeal having been filed, it is will be discretion of Appellate Authority to pass any order in accordance with law. It is made clear that in case appeal is not filed within a period of 15 days of the receipt of certified copy of the order, the interim relief granted vide order dated 03.04.2017 will cease to operate. 30.01.2018 (RITU BAHRI) G Arora JUDGE Whether speaking/reasoned Yes Whether reportable No Gaurav Arora 2018.03.12 10:19 I attest to the accuracy and integrity of this document Chandigarh