Ashok Kundra vs Sh. Jagjit Singh

Rajesh Bindal, J.—Challenge in the present petition is to the order passed by the court below, whereby eviction of the petitioner has been ordered from the property in dispute on account of non-payment of provisional rent assessed. The Rent Controller, vide order dated 17.1.2012 assessed the provisional rent at Rs. 39,468/-. The date for tendering the rent was fixed as 13.2.2012. It is not in dispute that the aforesaid order was passed in the presence of counsel for the petitioner-tenant. Despite this fact, the rent was not tendered on the date fixed. As a consequence thereof, the Rent Controller directed eviction of the petitioner from the property in dispute. In appeal, the tenant failed.

Learned counsel for the petitioner submitted that the order passed by the Rent Controller fixing the provisional rent was not in knowledge of the petitioner and on account of that, he could not tender the rent. In case one opportunity is granted, the petitioner will tender the rent and contest the petition on merits. After hearing learned counsel for the petitioner, I do not find any merit in the submissions made. Once the provisional rent was assessed in the presence of counsel for the petitioner-tenant, to plead that the petitioner was not in knowledge thereof cannot be accepted, as he had to take care of the proceedings being aware of the fact that in case of non-payment of the provisional rent assessed, his eviction can be ordered from the premises in dispute straightway. The rent having not been tendered on the date fixed, no illegality has been committed by the Rent Controller in ordering eviction of the petitioner from the premises in dispute.