Read Order: Chander Kant v. Bhim Singh

Monika Rahar

Chandigarh, April 2, 2022: While dealing with a revision petition against the order of the Rent Controller refusing the assessment of the provisional rent, the Punjab and Haryana High Court has held that if the tenant disputes the relationship between the landlord and tenant, the Rent Controller is not obliged to assess the provisional rent.

In this matter placed before the Bench of Justice Anil Kshetarpal, the Rent Controller refused to assess the provisional rent on the ground that the tenant disputed the relationship between the landlord and tenant. Resultantly, this decision of the Rent Controller was impugned by the tenant before the High Court by filing a revision petition. 

At the very outset, the Court took note of the fact that before the Rent Controller, the tenant disputed the relationship between the tenant and landlord, and thus against this backdrop the Court reiterated the settled legal which is to the effect that if the tenant disputes the relationship of the landlord and tenant, the Rent Controller is not obliged to assess the provisional rent. 

The Court also noted that a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 was pending adjudication. 

Thus, in view of the aforesaid facts, the Court was of the opinion that no ground of interference was made out. Hence, the present revision petition was dismissed. 

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