Rajesh Kumar v. Om Parkash
Case Details
CR-6490-2025 (O&M) (O&M) -1- - IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH -.- CR CR-6490-2025 (O&M) Decided on :- 15.09.2025 Decided on : Rajesh Kumar ....Petitioner VERSUS Om Parkash ....Respondents
Legal Reasoning
MANDEEP PANNU CORAM : HON'BLE MS. JUSTICE MANDEEP PANNU CORAM : HON'BLE M Present: Mr. Sandeep Arora , Advocate for the petitioner. Mr. Sandeep Arora, Advocate for the petitioner. MANDEEP PANNU J. MANDEEP PANNU -.- 1. The present civil revision petition has been filed by the tenant– The present civil revision petition has been filed by the tenant The present civil revision petition has been filed by the tenant The present civil revision petition has been filed by the tenant of the Constitution of India challenging the order petitioner under Article 227 of the Constitution of India challenging the order of the Constitution of India challenging the order petitioner under Article 227 dated 18.08.2025 passed by the learned Rent Controller, Jalandhar, whereby dated 18.08.2025 passed by the learned Rent Controller, Jalandhar, whereby dated 18.08.2025 passed by the learned Rent Controller, Jalandhar, whereby dated 18.08.2025 passed by the learned Rent Controller, Jalandhar, whereby provisional rent was assessed at ₹4,25,962/- provisional rent was assessed at (inclusive of arrears, interest and (inclusive of arrears, interest and costs) payable by the tenant. costs) payable by the tenant. Brief Facts 2. case of the landlord before the Rent Controller was that the The case of the landlord before the Rent Controller was that the case of the landlord before the Rent Controller was that the The tenant took the demised shop on rent vide rent note dated 23.05.2008 respondent–tenant took the demised shop on rent vide rent note dated 23.05.2008 tenant took the demised shop on rent vide rent note dated 23.05.2008 tenant took the demised shop on rent vide rent note dated 23.05.2008 with stipulation that the rent would be enhanced at at a monthly rent of ₹3,200/- with stipulation that the rent would be enhanced at with stipulation that the rent would be enhanced at at a monthly rent of enancy continued without interruption. the rate of 5% every year. The tenancy continued without interruption. enancy continued without interruption. the rate of 5% every year. The t Subsequently, a fresh rent note was executed on 01.04.2021 for a monthly rent of Subsequently, a fresh rent note was executed on 01.04.2021 for a monthly rent of Subsequently, a fresh rent note was executed on 01.04.2021 for a monthly rent of Subsequently, a fresh rent note was executed on 01.04.2021 for a monthly rent of , effective for a period of 11 months, with a condition that the tenant ₹6,000/-, effective for a period of 11 months, with a condition that the tenant , effective for a period of 11 months, with a condition that the tenant , effective for a period of 11 months, with a condition that the tenant TRIPTI SAINI 2025.09.17 09:27 I attest to the accuracy and integrity of this document CR-6490-2025 (O&M) (O&M) -2- - nth term. The landlord would enhance the rent by 10% after expiry of each 11-month term. The landlord would enhance the rent by 10% after expiry of each 11 would enhance the rent by 10% after expiry of each 11 pleaded that though the tenant continued in possession, he had not complied with pleaded that though the tenant continued in possession, he had not complied with pleaded that though the tenant continued in possession, he had not complied with pleaded that though the tenant continued in possession, he had not complied with the stipulation of 10% annual increase and had been paying rent by enhancing it the stipulation of 10% annual increase and had been paying rent by enhancing it the stipulation of 10% annual increase and had been paying rent by enhancing it the stipulation of 10% annual increase and had been paying rent by enhancing it cumulated only at the rate of 5%. The landlord further claimed that arrears had accumulated only at the rate of 5%. The landlord further claimed that arrears had ac only at the rate of 5%. The landlord further claimed that arrears had ac since 2008 and sought assessment of provisional rent accordingly. since 2008 and sought assessment of provisional rent accordingly. since 2008 and sought assessment of provisional rent accordingly. 3. On the other hand, the tenant contended before the Rent Controller On the other hand, the tenant contended before the Rent Controller On the other hand, the tenant contended before the Rent Controller On the other hand, the tenant contended before the Rent Controller that there were no arrears of rent, that he had been regularly depositing rent, and that there were no arrears of rent, that he had been regularly depositing rent, and that there were no arrears of rent, that he had been regularly depositing rent, and that there were no arrears of rent, that he had been regularly depositing rent, and que dated 15.02.2023 and statement of account to show even produced copy of cheque dated 15.02.2023 and statement of account to show que dated 15.02.2023 and statement of account to show even produced copy of che consistent payment. It was his plea that assessment of arrears since 2008 was consistent payment. It was his plea that assessment of arrears since 2008 was consistent payment. It was his plea that assessment of arrears since 2008 was consistent payment. It was his plea that assessment of arrears since 2008 was wholly misconceived and the petition for arrears was not maintainable. wholly misconceived and the petition for arrears was not maintainable. wholly misconceived and the petition for arrears was not maintainable. Observations of the Rent Controller Observations of the Rent Controller 4. Controller, after considering rival submissions, held that The Rent Controller, after considering rival submissions, held that Controller, after considering rival submissions, held that The Rent landlord had claimed arrears from 2008, the same could not though the petitioner-landlord had claimed arrears from 2008, the same could not landlord had claimed arrears from 2008, the same could not though the petitioner be taken into account for assessment of provisional rent because (i) had arrears not be taken into account for assessment of provisional rent because (i) had arrears not be taken into account for assessment of provisional rent because (i) had arrears not be taken into account for assessment of provisional rent because (i) had arrears not t have executed fresh rent note on 01.04.2021; and been cleared, landlord would not have executed fresh rent note on 01.04.2021; and t have executed fresh rent note on 01.04.2021; and been cleared, landlord would no (ii) landlord never took action for recovery of arrears from 2008 onwards. (ii) landlord never took action for recovery of arrears from 2008 onwards. (ii) landlord never took action for recovery of arrears from 2008 onwards. (ii) landlord never took action for recovery of arrears from 2008 onwards. Accordingly, arrears prior to 01.04.2021 were excluded. Accordingly, arrears prior to 01.04.2021 were excluded. Accordingly, arrears prior to 01.04.2021 were excluded. 5. However, taking into account the fresh rent note dated 01.04.2021 at However, taking into account the fresh rent note dated 01.04.2021 at However, taking into account the fresh rent note dated 01.04.2021 at However, taking into account the fresh rent note dated 01.04.2021 at per month with agreed 10% annual enhancement, the Rent Controller ₹6,000/- per month with agreed 10% annual enhancement, the Rent Controller per month with agreed 10% annual enhancement, the Rent Controller per month with agreed 10% annual enhancement, the Rent Controller provisionally assessed rent payable from 01.04.2021 onwards at enhanced rates of provisionally assessed rent payable from 01.04.2021 onwards at enhanced rates of provisionally assessed rent payable from 01.04.2021 onwards at enhanced rates of provisionally assessed rent payable from 01.04.2021 onwards at enhanced rates of ₹6,300/-, ₹6,615/ ₹6,615/-, ₹6,945/-, ₹7,639/- and ₹8,402/ at different periods up to ₹8,402/- at different periods up to August 2025. On this basis, total rent payable was calculated at August 2025. On this b , with asis, total rent payable was calculated at ₹3,73,534/-, with further addition of ₹50,428/- as interest and ₹2,000/ further addition of ₹2,000/- as costs, totaling ₹4,25,962/ ₹4,25,962/-. TRIPTI SAINI 2025.09.17 09:27 I attest to the accuracy and integrity of this document CR-6490-2025 (O&M) (O&M) -3- - 6. petitioner- Challenging the impugned order, learned counsel for the petitioner Challenging the impugned order, learned counsel for the Challenging the impugned order, learned counsel for the tenant argued that t r erred in assessing provisional rent at such that the Rent Controller erred in assessing provisional rent at such r erred in assessing provisional rent at such enhanced figures without appreciating that the tenant had regularly paid rent and enhanced figures without appreciating that the tenant had regularly paid rent and enhanced figures without appreciating that the tenant had regularly paid rent and enhanced figures without appreciating that the tenant had regularly paid rent and The enhancement clause was never acted upon strictly and the no arrears existed. The enhancement clause was never acted upon strictly and the The enhancement clause was never acted upon strictly and the no arrears existed. The tenant had been paying rent as per mutual understanding at 5% increase. The tenant had been paying rent as per mutual under tenant had been paying rent as per mutual under assessment is excessive, arbitrary and liable to be set aside. assessment is excessive, arbitrary and liable to be set aside. assessment is excessive, arbitrary and liable to be set aside. Findings 7. and gone through the I have heard learned counsel for the petitioner and gone through the I have heard learned counsel for the I have heard learned counsel for the record. The scope of interference by this Court in revisional jurisdiction under record. The scope of interference by this Court in revisional jurisdiction under record. The scope of interference by this Court in revisional jurisdiction under record. The scope of interference by this Court in revisional jurisdiction under rticle 227 is extremely limited. Unless the order of the Rent Controller suffers Article 227 is extremely limited. Unless the order of the Rent Controller suffers rticle 227 is extremely limited. Unless the order of the Rent Controller suffers rticle 227 is extremely limited. Unless the order of the Rent Controller suffers appreciate from patent illegality or material irregularity, this Court would not re-appreciate from patent illegality or material irregularity, this Court would not re from patent illegality or material irregularity, this Court would not re facts or substitute its own assessment. facts or substitute its own assessment. 8. refully considered the In the present case, the Rent Controller has carefully considered the In the present case, the Rent Controller has ca In the present case, the Rent Controller has ca pleadings and has rightly discarded the claim of arrears from 2008 onwards. The pleadings and has rightly discarded the claim of arrears from 2008 onwards. The pleadings and has rightly discarded the claim of arrears from 2008 onwards. The pleadings and has rightly discarded the claim of arrears from 2008 onwards. The assessment has been made only from 01.04.2021, the date of fresh rent note assessment has been made only from 01.04.2021, the date of fresh rent note assessment has been made only from 01.04.2021, the date of fresh rent note assessment has been made only from 01.04.2021, the date of fresh rent note admittedly executed by the tenant, on the agreed rent of ₹6,000/- with 10% ann admittedly executed by the tenant, on the agreed rent of admittedly executed by the tenant, on the agreed rent of with 10% annual increase. The tenant himself admits execution of the fresh rent note. Once such increase. The tenant himself admits execution of the fresh rent note. Once such increase. The tenant himself admits execution of the fresh rent note. Once such increase. The tenant himself admits execution of the fresh rent note. Once such contractual stipulation existed, the Rent Controller was fully justified in calculating contractual stipulation existed, the Rent Controller was fully justified in calculating contractual stipulation existed, the Rent Controller was fully justified in calculating contractual stipulation existed, the Rent Controller was fully justified in calculating provisional rent on that basis. provisional rent on that basis. 9. t 5% increase cannot The tenant’s plea that he had been paying rent at 5% increase cannot The tenant’s plea that he had been paying rent a The tenant’s plea that he had been paying rent a override the written agreement executed on 01.04.2021. Further, provisional override the written agreement executed on 01.04.2021. Further, provisional override the written agreement executed on 01.04.2021. Further, provisional override the written agreement executed on 01.04.2021. Further, provisional assessment at this stage is only tentative and does not finally decide rights of the assessment at this stage is only tentative and does not finally decide rights of the assessment at this stage is only tentative and does not finally decide rights of the assessment at this stage is only tentative and does not finally decide rights of the the Rent parties, which remain open to be adjudicated at trial. In this background, the Rent parties, which remain open to be adjudicated at trial. In this background, parties, which remain open to be adjudicated at trial. In this background, Controller’s order cannot be termed illegal, perverse, or without jurisdiction. Controller’s order cannot be termed illegal, perverse, or without jurisdiction. Controller’s order cannot be termed illegal, perverse, or without jurisdiction. TRIPTI SAINI 2025.09.17 09:27 I attest to the accuracy and integrity of this document CR-6490-2025 (O&M) (O&M) -4- - Conclusion 10. Accordingly, I find no ground to interfere. The civil revision petition Accordingly, I find no ground to interfere. The civil revision petition Accordingly, I find no ground to interfere. The civil revision petition Accordingly, I find no ground to interfere. The civil revision petition iate However, petitioner is at liberty to take these pleas at appropriate However, petitioner is at liberty to take these pleas at appropr is dismissed. However, petitioner is at liberty to take these pleas at appropr The impugned order dated 18.08.2025 passed by the learned Rent stage. The impugned order dated 18.08.2025 passed by the learned Rent The impugned order dated 18.08.2025 passed by the learned Rent The impugned order dated 18.08.2025 passed by the learned Rent Controller, Jalandhar is upheld. Controller, Jalandhar is upheld. 11.
Decision
Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. Pending application(s), if any, also stand disposed of. 2025 September 15, 2025 tripti Whether speaking/non Whether speaking/non-speaking : Speaking : Yes/No Whether reportable Whether reportable (MANDEEP PANNU) JUDGE TRIPTI SAINI 2025.09.17 09:27 I attest to the accuracy and integrity of this document