Kaushal Sharma vs Subash Chander Bawa

Jaswant Singh, J.—Petitioner (tenant) is in revision under Article 227 of the Constitution assailing the order dated 13.04.2011 passed by the learned Rent Controller Ludhiana whereby for non tendering of the assessed provisional rent on the date of hearing, order of eviction has been passed; further challenge is to the zimni order dated 3.09.2011 (P-5) whereby the execution application filed by the landlord has been disposed of as fully satisfied in view of the possession through bailiff of the demised premises having been handed over. In brief, it is apparent that the respondent (landlord) filed a petition u/s 13 of the East Punjab Urban Rent Restriction Act (hereinafter after referred to as the ''Act'') from the demised premises comprising of two rooms, kitchen, bath room latrine on the ground floor forming part of property no. HJ 419, Bhai Randhir Singh Nagar, Ward No. 44, Housing Board Colony, Ludhiana, on the ground of non payment of rent since 01.02.2006 at the rate of Rs. 1400/- per month till 30.11.2008.

Upon notice petitioner (tenant) filed reply admitting the tenancy but denying the ownership of the landlord and also denied the rate of rent by submitting that same was Rs. 1000/- per month including water and electricity charges.

On completion of the pleadings learned Rent Controller, Ludhiana vide order dated 10.03.2011 assessed the provisional rate of rent along with interest and costs and adjourned the case to 13.04.2011 for making of payment of Rs. 43,042/- on the said date. Since the order was not complied with consequently the impugned order dated 13.04.2011 evicting the petitioner (tenant) was passed. Thereafter even the execution has been dismissed as satisfied on the possession having been handed over to the respondent (landlord) through the bailiff of the court.

I have heard learned Counsel for the petitioner (tenant) and have gone through the record carefully.

After hearing learned Counsel for the petitioner (tenant) and perusing the orders, I find that the matter is squarely covered by the decision of the Hon''ble Supreme Court in Rakesh Wadhawan Vs. Jagdamaba Industrial Corpn. Ltd. 2002 (1) RCR 514 whereby it has been laid down that the arrears of assessed provisional rent have to be tendered on the date of hearing fixed for the same and on failure to comply with the order, no extension of time is permissible and the eviction is to follow. Thus, I find no illegality in the impugned orders and the same are hereby upheld. Dismissed.