Full Judgment
Civil Revision No.5106 of 2013 [1].IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5106 of 2013 (O&M) Date of decision:
26. 8.2013 Faquir Chand .Petitioner v.
Amrit Wadhwa .Respondent CORAM: HON'BLE Mr.JUSTICE RAJESH BINDAL Present: Mr.Ranjit Saini, Advocate for the petitioner..Rajesh Bindal J.
The tenant is before this court impugning the order dated 25.5.2013, passed by the appellate authority, whereby the appeal filed against the order dated 3.9.2012, passed by the Rent Controller, disposing of the eviction petition as compromised with increase in rent, was dismissed.
Learned counsel for the petitioner submitted that the petitioner is in possession of a small shop measuring 3-1/2' x12', which was taken on rent @ ` 500/- per month in 2006.
He further submitted that though in the order passed by the Rent Controller on 3.9.2012, it has been noticed that the matter in dispute was compromised with rent fixed at ` 4,800/- per month payable from 1.9.2012 with annual increase of 8%, however, the petitioner had not consented to the same.
His signatures were obtained fraudulently by the counsel.
After hearing learned counsel for the petitioner, I do not find any merit in the submissions made.
The Rent Controller has specifically noticed in the order dated 3.9.2012 that when the case was taken up for hearing, the petitioner, who was present in court, got his statement recorded that the matter in dispute has been compromised with the landlord and the rent was revised to ` 4,800/- per month payable w.e.f.1.9.2012 with annual Kumar MaNo.2013.08.27 11:12 I attest to the accuracy and integrity of this document Civil Revision No.5106 of 2013 [2].increase of 8%.
In view of the above, the petitioner, being present in court, who is not illiterate and getting his statement recorded, he cannot be permitted to back out from the same.
Dismissed.
(Rajesh Bindal) Judge 26.8.2013 mk Kumar MaNo.2013.08.27 11:12 I attest to the accuracy and integrity of this document