IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No. 790 of 2008
Date of decision: 15th December, 2008
Ashok Kumar and others
... Petitioners
Versus
Naresh Kumar
... Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Amit Rawal, Advocate for the petitioners.
Mr. Arvind Mittal, Advocate for respondent.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Landlord claimed rent at the rate of Rs.2300/- per month
whereas, while holding the provisional assessment, rate of rent has been
determined to be Rs.600/- per month. This order of the provisional
assessment is interim in nature. Parties shall get fair opportunity to adduce
their evidence regarding determination of rent.
While exercising revisional jurisdiction, this Court will not
disturb the orders of provisional assessment of rent. That issue is to be
deliberated upon by the Court, subject to the evidence led by the parties. It
has been held in ‘Rakesh Wadhawan v. M/s Jagdamba Industrial
Corporation’, 2002 (1) RCR (Rent) 514 (SC), that any deficiency in payment of
rent can be made good later, or any excess paid can be adjusted later. Needless
to say, law shall take its own course.
With these observations, present revision petition is disposed
off.
[KANWALJIT SINGH AHLUWALIA]
JUDGE
December 15, 2008
rps