High Court Punjab-Haryana High Court

Satwant Kaur vs Amit Mehta And Others on 17 August, 2009

Punjab-Haryana High Court
Satwant Kaur vs Amit Mehta And Others on 17 August, 2009
Civil Revision No.7058 of 2008 (O&M)                                   1


      IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
                 HARYANA AT CHANDIGARH.

                                       CR No.7058 of 2008 (O&M)
                                       Date of Decision:-August 17,2009


Satwant Kaur                                          ....Petitioner

                                  Versus

Amit Mehta and others                                  ....Respondents


CORAM: HON'BLE MR.JUSTICE SURYA KANT


1. Whether Reporters of local papers may be allowed to see the
   judgment?
2. Whether to be referred to the Reports or not?
3. Whether the judgment should be reported to the Digest?

Present:     Shri H.S.Bhullar, Advocate for the petitioner.

                                       ORDER

Surya Kant, J. (Oral):

This revision petition is directed by the tenant whose

cross claim for the refund of the alleged excess payment of rent to

the respondent-landlords has been firstly rejected by the Rent

Controller, Chandigarh, vide his order dated 24.4.2006 and thereafter

upheld by the Appellate Authority vide its impugned judgment dated

30.5.2008.

It appears from the impugned orders that in an eviction

petition filed by the respondent-landlords against the petitioner-tenant

(deceased Devinder Singh now being represented by his legal heirs),

a compromise was effected between the parties and in terms thereof,

the petitioner-tenant agreed to pay the future rent at the rate of

Rs.25,000/- per month with effect from 1.6.2001 excluding the
Civil Revision No.7058 of 2008 (O&M) 2

electricity and water charges. He also agreed to pay a sum of

Rs.1,90,000/- out of the arrears of rent uptill 30.5.2001 and agreed to

issue cheques for the payment of Rs.1,85,000/- after paying

Rs.5000/- in cash. The eviction petition was thereafter dismissed as

withdrawn on 2.6.2001 on the statement made by the counsel for the

landlords, in which no reference to the said compromise was made

by learned counsel for the landlord-respondents.

The respondent-landlords have thereafter filed another

eviction petition on the ground of non payment of arrears of rent. The

petitioner-tenant, while questioning the compromise deed Ex.P1

effected between the parties in the earlier eviction petition, raised a

counter claim, for the refund of the excess payment taken from him in

terms of the said compromise.

The Rent Controller as well as the Appellate Authority

both have turned down the claim of the tenant regarding refund, after

observing that as per the compromise deed Ex.P1, relationship of

tenant and landlords is not in dispute nor there can be a controversy

regarding rate of rent.

Learned counsel for the petitioner submits that since the

petitioner has already filed a separate civil suit challenging the

validity of the compromise deed Ex.P1, the observations made by the

Courts below, especially the Appellate Authority in para Nos.13 and

17 of the impugned judgment dated 30.5.2008 would cause prejudice

to the petitioner’s claim in the pending suit.

Having heard learned counsel for the petitioner and on

perusal of the impugned orders, I am of the considered view that no
Civil Revision No.7058 of 2008 (O&M) 3

interference by this Court in exercise of its revisional jurisdiction is

called for. The Rent Controller, being not a civil Court, was well within

its right to rely upon the contents of the compromise deed Ex.P1,

which is a part of the judicial record of the earlier eviction petition and

to hold that there exists relationship of landlords and tenant between

the parties or that the tenant is liable to pay rent at the rate of

Rs.25000/- per month from June 2001 onwards.

The observations made by the Rent Controller or the

Appellate Authority under the Rent Act, however, would not binding

upon the civil Court, said to be seized with the challenge to the

compromise deed Ex.P1 on the grounds like fraud etc. Suffice it to

say that the civil Court shall consider the issues uninfluenced of the

observations made by the Rent Controller or the Appellate Authority

in the impugned orders.

With these observations, this petition is dismissed.

(Surya Kant)
Judge

17.8.2009
AS