Civil Revision No. 6121 of 2008 1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Revision No. 6121 of 2008
Date of Decision: 7.11.2008
Baldev Raj
...Petitioner
Versus
Laxmi Rani
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Harsh Aggarwal, Advocate
for the petitioner.
Kanwaljit Singh Ahluwalia, J. (Oral)
Learned Rent Controller had provisionally assessed the rent to
be Rs.800/-. The tenant had made oral assertion that the rent was
Rs.200/- per month.
The order of assessing the provisional rent is order of interim
nature. The parties shall get fair opportunity to adduce evidence
regarding determination of rent. It has been held that any deficiency in
the rent can be made good or any excess paid can be adjusted.
Furthermore, Rs.800/- assessed as rent cannot be said to be onerous.
Revisional jurisdiction under Article 227 of the Constitution cannot be
exercised where valid exercise has been done by learned Rent
Controller. The amount of provisional rent assessed be deposited within
Civil Revision No. 6121 of 2008 2
one month from today.
Consequently, there is no merit in the present revision petition
and the same is dismissed.
(Kanwaljit Singh Ahluwalia)
Judge
November 7, 2008
“DK”