Raj Kumar Jain vs Shiv Kumar Sharma@Bhanot And Another on 2 September, 2013

[Cites 0, Cited by 5]

Punjab-Haryana High Court

Raj Kumar Jain vs Shiv Kumar Sharma@Bhanot And Another on 2 September, 2013

Bench: Jaswant Singh

CR 5293/2013                                                                        1

        IN THE HIGH COURT OF PUNJAB & HARYANA
                    AT CHANDIGARH
                                              CR 5293/2013
                                Date of decision:02/09/2013

Raj Kumar Jain
                                         .............Petitioner

                       v.

Shiv Kumar Sharma@Bhanot and another
                                   .............Respondent

CORAM: HON'BLE MR.JUSTICE JASWANT SINGH

Present:-   Mr.Parminder Singh,Advocate for the petitioner.

Jaswant Singh,J.(Oral)

The landlord is in revision aggrieved against the order dated 8.4.2013(P2) passed by the learned Rent Controller, Chandigarh whereby his application for appointment of a Local Commissioner/ Valuer to assess the market rent at the stage of assessment of provisional rent has been dismissed.

The landlord filed an eviction petition for vacation of the demised shop no.1064/1 by the respondent tenant inter alia on the ground of non-payment of rent w.e.f. February 2010. It is stated that the premises was rented out @ Rs.800/- per month in the year 1985 and todate there has not been any increase in the rent. The tenant has admitted the relationship of landlord and tenant as also the rate of rent to be Rs.800/- per month and that he is in arrears of rent since February 2010. Learned Rent Controller has accordingly assessed the arrears of provisional rent. However, the landlord desires to have a Valuer Joshi Rajinder Prashad 2013.09.02 18:03 I attest to the accuracy of this Order.

High Court, Chandigarh.

CR 5293/2013 2

appointed to assess the market rent and thus increased rate of rent even for the purpose of determination of provisional rent.

After hearing the learned counsel for the petitioner/landlord in view of the aforesaid facts, it is evident that the learned Rent Controller has rightly dismissed such a prayer. In the eviction proceedings at the stage of assessment of provisional rent, the relationship of the parties as landlord and tenant, and the rate of rent and also the prima facie proof of payment or not of claimed arrears of rent are relevant consideration. The landlord had his own remedy to seek the increase of rent even prior to the filing of the rent petition and even subsequent thereto. In the opinion of this Court there is no illegality in the impugned order warranting interference by this Court.

Dismissed with the costs of Rs.10,000/- to be deposited with the District Legal Service Authority,Chandigarh.



02.09.2013.                                           (Jaswant Singh)
joshi                                                     Judge




                                                                Joshi Rajinder Prashad
                                                                2013.09.02 18:03
                                                                I attest to the accuracy of this
                                                                Order.
                                                                High Court, Chandigarh.

Unlock Advanced Research with PRISMAI

Punjab-Haryana High Court