Sanjiv Kumar vs Ishwar Dass

Surya Kant, J.—This revision petition is directed against order dated 11.12.2009 passed by the Rent Controller, Faridabad, whereby the petitioner-tenant has been directed to tender the arrears of provisionally assessed rent @ Rs.3800/- per month w.e.f. October, 2007.

The petitioner''s grievance is two folds. Firstly, he urges that there is no relationship of landlord and tenant between the respondent and him as the petitioner is a tenant under the wife of the respondent who is also the owner of the demised premises and secondly, the rent of the demised premises is Rs.2000/- per month only and not Rs.7,000/- per month as claimed by the respondent-landlord. Counsel for the petitioner has placed reliance upon the decision of this Court in (i) Yashpal Singla v. Vijay Kumar, 2004 (2) CCC 603 (P&H) : 2004(3) PLR 504 ; (ii) Narinder Singh v. Sarabjit Singh, 2006 (4) CCC 257 (P&H) : 2007 (2) PLR 405 and (iii) Mrs.Preeti v. Manmohan Singh & Anr., 2008(3) PLR 591, to contend that where the relationship of landlord and tenant between the parties is denied, no order directing to tender the arrears of provisionally assessed rent, can be passed.

Having heard counsel for the petitioner, I do not find any merit in these contentions. Firstly, it is a matter of evidence as to whether the landlord of the petitioner is the respondent or his wife. Owing to the fiduciary relationship between the respondent and his wife, the petitioner tenant can not question the locus-standi of the respondent at this stage, especially when it is not a case where the respondent''s wife has made any separate claim against the petitioner. Suffice it to observe that the petitioner as a tenant is liable to pay the rent and if under the orders of the Rent Controller, he tenders the arrears of rent to the respondent, it would undoubtedly absolve him of any liability to pay the same to the respondent''s wife as well. Still further, the petitioner, if so advised, may tender the arrears of rent by way of demand draft in the name of the wife of the respondent, which the respondent may accept and save his legal rights. Similarly, the rate of rent is a question of fact to be determined by the Rent Controller at an appropriate stage. While determining the rate of rent @ Rs.3800/- per month, the Rent Controller has relied upon the report of the Tehsildar stating that the rent of the ground floor of the accommodation should be around Rs.3000/- per month. Needless to say that if the Rent Controller finally comes to the conclusion that the monthly rent is Rs.2000/- only, the excess payment made by the petitioner-tenant, shall be refunded to him or can be adjusted against the future rent. However, in the interest of justice, the petitioner-tenant is permitted to tender the arrears of rent by 31.12.2009. Disposed of. Dasti.