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Tuesday, August 17, 2010

East Punjab Urban Rent Restriction Act, 1949--Rent--Controversy about period for which rent was payable

2010(3) LAW HERALD (P&H) 2067
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice S. D. Anand
Civil Revision No. 7162 of 2009
Sh. Vishva Sharva Talwar Malik
v.
Devinder Singh Aulakh
{Decided on 25/05/2010}
For the Petitioner: Mr. V.K.Jindal, Advocate.
For the Respondent: Mr. S.K.Pipat, Senior Advocate with Mr. Ramanjit Singh, Advocate.
East Punjab Urban Rent Restriction Act, 1949--Rent--Controversy about period for which rent was payable--Landlord claimed rent for period 1.4.2004 to 30.12.2006--Tenant relied upon an order dated 10.3.2009 vide which learned Rent Controller had held that rent had been paid by tenant to landlord for period upto February, 2007--Though learned Rent Controller noticed factum of order dated 10.3.2009, it did not examine and indicate effect thereof upon period for which rent was payable--Impugned order set aside--Learned Rent Controller shall grant an order afresh in matter of assessment of provisional rent. (Para 1, 2 & 3)