Mohan Singh v. Gurjit Singh

CR-7911-2018 -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Civil Revision No.7911 of 2018 (O&M) Date of Decision:November 29, 2018.

Mohan Singh ......PETITIONER(s).

VERSUS

Gurjit Singh ....RESPONDENT(s).

CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

Mr. APS Sandhu, Advocate for the petitioner (s).

******* SURINDER GUPTA, J.

Heard.

Petitioner has assailed order 15.09.2018 passed by Rent Controller, Amritsar, whereby provisional rent was assessed for the period from 01.04.2006 to 31.03.2018. The rate of rent is not disputed. Only plea put forth by learned counsel for the petitioner while challenging this order is that no landlord will wait for 12 years to file the ejectment petition on the ground of non-payment of rent. The plea of the petitioner that he has been paying the rent but was not being issued receipts, should be accepted in such circumstances.

The revision petitioner has not come up with any receipt of payment of rent after 01.04.2006. As to whether he has paid the rent thereafter, is a matter of evidence which will be looked into by the Rent Controller if the ejectment petition is proceeded further for recording SACHIN MEHTA 2018.11.30 15:15 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH

CR-7911-2018 -2evidence of the parties. At this stage, there is no reason for the Rent Controller to presume in the absence of any evidence, the period for which the rent has been paid. The plea raised by revision petitioner-tenant will be looked into and considered at later stage and I find no reason to interfere with the impugned order in this revision petition, which has no merits. Dismissed.

( SURINDER GUPTA ) November 29, 2018.

JUDGE Sachin M.

Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No SACHIN MEHTA 2018.11.30 15:15 I attest to the accuracy and authenticity of this document HIGH COURT, CHANDIGARH