JUDGMENT Mr. L.N. Mittal, J.: (Oral) - Tenant-Kanwaljit Singh has filed this revision petition under Section 15 (5) of the East Punjab Urban Rent Restriction Act, 1949 (in short ‘the Act’) assailing order dated 16.3.2011 passed by learned Rent Controller, Chandigarh. 2. Avtar Singh, respondent herein-landlord has filed ejectment petition under Section 13 of the Act against the tenant-petitioner seeking his eviction from the demised property located in Chandigarh. Learned Rent Controller vide impugned order assessed the arrears of rent at the rate of Rs.13,310/- and assessed cost also. The said order is under challenge in this revision petition at the hands of tenant-petitioner. 3. I have heard learned counsel for the parties and perused the case file. 4. Learned counsel for the tenant-petitioner contended that in view of resumption of the demised property by the Estate Officer, respondent is no longer landlord thereof. This contention is contrary to what was submitted before the Rent Controller in as much as it was submitted before the Rent Controller on behalf of the tenant that he was ready to deposit the rent as assessed by the Rent Controller, reserving his right to recover the same if it is proved that respondent herein is not owner of the property. Consequently, the tenant now cannot claim that respondent-landlord has no right to receive the provisional rent when the tenant submitted before the Rent Controller that the tenant was ready to deposit the same. 5. Learned counsel for the petitioner next contended that previously rent of the demised property was Rs.12,100/-, but the Rent Controller has now assessed the provisional rent at the rate of Rs.13,310/- per month without any justification. The contention cannot be accepted. It appears from the record that initially the rate of rent was Rs.11,000/- per month with provision of incremental increase at the rate of 10% and accordingly the rent was increased to Rs.12,100/- per month and then to Rs.13,310/- per month. Learned counsel for the petitioner contended that clause of incremental increase of rent in un-registered rent deed is not valid. The contention cannot be accepted at this stage because the tenant himself accepted the clause of incremental increase by admittedly paying rent at increased rate of Rs.12,100/- per month. In addition to it, impugned order reveals that rent at the rate of Rs.13,310/- per month was the admitted rate of rent before the Rent Controller. The contention cannot be accepted at this stage because the tenant himself accepted the clause of incremental increase by admittedly paying rent at increased rate of Rs.12,100/- per month. In addition to it, impugned order reveals that rent at the rate of Rs.13,310/- per month was the admitted rate of rent before the Rent Controller. Consequently, the contention to the contrary cannot be accepted at this stage. 6. Learned counsel for the respondent-landlord has also pointed out that tenant had even paid rent at the rate of Rs.13,310/- per month till 30.9.2007. 7. For the reasons aforesaid, I find no merit in this revision petition. Impugned order passed by the learned Rent Controller, does not suffer from any perversity, illegality, impropriety or jurisdictional error so as to warrant interference by this Court in exercise of revisional jurisdiction. 8. Accordingly, the instant revision petition is dismissed. However, it is expressly made clear that anything observed herein before shall not be construed as expression of opinion on merits of the ejectment petition including rate of rent payable by the tenant-petitioner or entitlement of the respondent-landlord to receive the same and the said questions shall be adjudicated upon by the learned Rent Controller in accordance with law while deciding the ejectment petition. 9. Since proceedings before the Rent Controller had been stayed by interim order in this revision petition, the tenant-petitioner is permitted to tender the arrears of rent along with interest and cost, before the Rent Controller, on or before 31.5.2012. 10. Parties are directed to appear before the Rent Controller, on 31.5.2012. ---------0.B.S.0------------