JUDGMENT Mr. Rakesh Kumar Jain, J.: - The tenant is in revision. 2. The landlord filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short “the Act”] for seeking eviction of the tenant from the second floor of House No.1406, Sector 34-C, Chandigarh on the ground of non-payment of rent w.e.f. 01.08.2003. The tenant filed the written statement. Vide order dated 07.09.2007, the learned Rent Controller assessed the provisional rent @ Rs.4,000/- per month from 01.08.2005 to 30.09.2007. The tenant was asked to make the payment of provisionally assessed rent on 13.10.2007. On the said date, the payment of rent was not made rather the tenant moved an application under Section 151 of the Code of Civil Procedure, 1908 [for short “CPC”] for enlargement of time, which was dismissed on 30.10.2007 and the case was fixed for 31.10.2007 for the arguments in the main petition. On that day, the tenant moved an application for review which was also dismissed by separate order dated 02.11.2007. 3. Since the tenant did not make the payment of provisionally assessed rent, therefore, the learned Rent Controller, while relying upon a decision of the Supreme Court in the case of Rakesh Wadhawan and others Vs. M/s. Jagdamba Industrial Corporation and others, AIR 2002 SC 2004, allowed the eviction petition. Aggrieved against the order of eviction, the tenant filed the statutory appeal which too was dismissed on 07.01.2008. 4. Learned counsel for the petitioner has argued that the arrears of rent is the rent which was due on the date of filing of the application and not the rent which may have become due subsequently. It is submitted that the rent for a particular month will not become due till the last date of the month and if an application is filed during that month, the tenant is not bound to deposit the rent of that month. He has also argued that the learned Rent Controller did not assess the exact amount of provisional rent in terms of the decision of this Court in the case of Gurpreet Singh and another v. Brijinder Bhardwaj and another, [2011(3) Law Herald (P&H) 2259] : 2011(2) RCR (Civil) 770. It is, thus, argued that the impugned orders are patently illegal and are liable to be set aside. 5. It is, thus, argued that the impugned orders are patently illegal and are liable to be set aside. 5. In reply, learned counsel for the landlord has submitted that the learned Rent Controller, vide his order dated 07.09.2007, assessed the provisional rent which was to be paid by the tenant on 13.10.2007. On that day, the rent was not tendered. However, an application for enlargement of time was filed in which it was averred that “the applicant/respondent in the intervening period could not contact his counsel due to ill health, and other busy schedule. As such the factum of assessment of provisional rent has not come to the knowledge of the applicant/respondent. The same has come to his notice only today when the applicant/respondent has contacted his counsel for today’s appearance. The arrears of rent is a huge amount which cannot be arranged today”. The application for enlargement of time was contested by the landlord by filing reply in which it was averred that there is no provision in the Act for enlargement of time to make the payment of provisionally assessed rent. The tenant has not attached any medical record in order to prove his ill health. The said application of the tenant was dismissed vide order dated 30.10.2007. The tenant did not either challenge the order dated 07.09.2007 by which provisional rent was assessed nor the order dated 30.10.2007 by which his application for enlargement of time was declined, rather he moved an application for review of the order dated 07.09.2007, which was also dismissed on 02.11.2007 and was not challenged further. It is, thus argued that the tenant has been rightly evicted by both the Courts below as now it has been held by the Division Bench of this Court in the case of Rajan alias Raj Kumar v. Rakesh Kumar, [2012(1) Law Herald (P&H) (DB) 544] : 2010(1) R.C.R. (Rent) 386 that if the tenant does not comply with the order of the Rent Controller of payment of rent on the first date of hearing, after determination of the provisional rent, then he is liable to be evicted. He further submitted that the decision in Gurpreet Singh and another’s case (supra) is not applicable to the facts of this case because in that case, the tender was made but since it was not exactly calculated, therefore, the tenant was misled and in that background, the directions were issued by this Court to the Rent Controllers for assessing the exact amount of provisional rent to be tendered by the tenant on the first date of hearing. 6. I have heard both the learned counsel for the parties in detail and perused the record with their able assistance. 7. The facts are not much in dispute as the order of assessment of provisional rent dated 07.09.2007 was not complied with by the tenant as no tender was made on 30.10.2007 and there was no complaint made by the tenant to the Court that he could not tender the rent because he was misled as the Rent Controller did not assess the exact amount which was to be paid by him, rather he moved an application for enlargement of time on the ground that he was not informed by his advocate about the amount to be tendered. The tenant has admittedly not challenged the order dated 07.09.2007 or the order dated 30.10.2007. The argument of learned counsel for the petitioner that the rent was not due, could have been raised after the rent is tendered or by challenging the order dated 07.09.2007 before 30.10.2007, but nothing was done by him. 8. In view thereof, there was no other alternative with the Rent Controller but to follow the decision of the Supreme Court in Rakesh Wadhawan and others’ case (supra) which has been reiterated by the Division Bench of this Court while agreeing with the view taken in the case of Madan Lal v. Baldev Raj, 2004(2) R.C.R. (Rent) 93. Hence, the present revision petition is found to be without any merit and the same is hereby dismissed. ---------------