High CourtsSingle Bench(2011) 03 P&H CK 0571

Karnail Singh vs Devinder Singh

Punjab And Haryana At Chandigarh · Decided on 22 March 2011

HON’BLE JUDGES
Rakesh Kumar Jain, J
RESULT
Dismissed
CASE NUMBER
CR No. 2020 of 2011 (O and M)

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Judgment

7 paragraphs · 212 words

Rakesh Kumar Jain, J.

CM No. 7793-CII of 2011

1.

Application is allowed as prayed for.

C.R. No. 2020 of 2011

2.

This revision petition is directed against the order dated 07.3.2011 passed by the learned Rent Controller, Ludhiana by which provisional rent has been assessed.

3.

Learned Counsel for the Petitioner submits that Form TS-1 which is prepared by the Municipal Committee showing the house tax of the demised premises on the basis of rent cannot be taken into account at this stage as it not a conclusive proof . Learned Counsel for the Petitioner has not disclosed before this Court any evidence to the effect that prima facie rate of rent was `900/- per month and he was not liable to pay from 1.6.2004. In these circumstances, once there is no evidence led by the Respondent/tenant with respect to the rate of rent and also with respect to the period of rent, there is no error in the order passed by the Rent Controller while assessing the provisional rent from the date the rent was assessed by the Rent Controller on the basis of form TS-1.

4.

In view there of, I do not find any merit in the present revision petition and the same is hereby dismissed in limine.