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Judgment
Jaswant Singh, J.—CM No. 19940-CII/2013 is allowed and affidavit dated 30.9.2013 of the respondent/landlord is taken on record.
Main Case
Petitioner/tenant no. 1 is in revision aggrieved against the order dated 30.8.2013 (P4) passed by the learned Rent Controller, Chandigarh whereby provisional rent has been assessed payable w.e.f. October 2001 till 31.8.2013.
This Court while issuing notice of motion on 27.9.2013 passed the following order:-
The tenant is in revision aggrieved against the order dated 30.8.2013 (P4) passed by the learned Rent Controller, Chandigarh whereby provisional rent has been assessed and payment ordered on or before 14.10.2013.
It is contended that in the impugned order the learned Rent Controller has not clearly specified as to what is the actual amount due and thus in view of judgment of this Court in Gurpreet Singh and Another Vs. Brijinder Bhardwaj and Another, the same is liable to be set aside.
Notice of motion for 1.10.2013.
At this stage, Mr. Divanshu Jain, Advocate accepts notice on behalf of the respondent/landlord and submits that in the operative portion of the impugned order, it is clearly stated that out of the total amount determined, the amount paid by the tenant shall be deducted. Nevertheless, he prays for time to file an affidavit of the landlord qua the amount of rent paid and received and thus liable to be deducted.
To be shown in the urgent list.
The respondent/landlord by way of aforesaid CM 19940-CII/2013 has placed on record his affidavit dated 30.9.2013 in view of aforesaid reproduced order to show the amount of rent already paid by the tenant, which would be liable to be deducted from the amount determined vide impugned order (P4). In the affidavit it is stated that the tenant has already paid a sum of Rs. 34,90,400/- and the same would be liable to be deducted from the amount determined vide order dated 30.8.2013(P4). The landlord has thus conceded that in terms of the order (P4), an amount of Rs. 17,89,943/- is liable to be paid.
In response, learned counsel for the petitioner/tenant submits that the amount so determined is still being huge and therefore, prays for extension of time for depositing the same.
Learned counsel for the respondent/landlord very fairly concedes that he would have no objection if the stipulated time is extended from 14.10.2013 till the end of the month. In view of the concession of the landlord, the revision petition is disposed of and it is ordered that an amount of Rs. 17,89,943/- would be liable to be paid on or before 31.10.2013 and the impugned order dated 30.8.2013(P4) would stand modified to that extent.