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AMAR SINGH. versus AMAR KAUR.

High Court of Punjab and Haryana, Chandigarh

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Amar Singh. v. Amar Kaur. - CR-2146-2006 [2006] RD-P&H 2277 (4 April 2006)

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C.R.No.2146 of 2006

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

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Date of decision: 20.4.2006

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Amar Singh.

.... Petitioner

Versus

Amar Kaur.

.... Respondents

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CORAM: HON'BLE MRS.JUSTICE NIRMAL YADAV
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Present:- Mr.Aditya Kumar Sharma , Advocate, for the petitioner.

JUDGMENT

This is a revision petition against the order of Rent Controller, Chandigarh dated 29.3.2006 vide which interim rent has been awarded to the landlord at the rate of Rs. 1550/- per month with effect from 1.6.2001 to 31.3.2006. Learned counsel states that there is nothing to show that the rate of rent was Rs. 1550/- per month. According to petitioner, rate of rent is Rs.

450/- per month, whereas according to landlord it is Rs. 1900/- per month.

Rent Controller, has, however, relied on a rent note dated 1.1.1995 executed between petitioner and landlord. In absence of any other evidence there was no alternative with Rent Controller, but to rely on the said document.

Accordingly, petitioner would make payment at the rate of Rs.1550/- till matter is decided finally.

Learned counsel further argued that landlord kept silent for five - 2 -

C.R.No.2146 of 2006

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long years for claiming rent and his silence is pointer to the fact that petitioner had been paying rent to landlord. Petitioner has, however, not produced any proof with regard to payment of rent. Therefore, taking into consideration the facts and circumstances, petitioner is directed to make payment of rent at the rate of Rs.1550/- per month for at least three years prior to filing of rent application, till matter is finally decided by Rent Controller.

With these observations, this petition stands disposed of.

( Nirmal Yadav)

JUDGE

April 20, 2006.

Saini


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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