ORDER : Being aggrieved and dissatisfied with judgment dated 30.4.2022, passed by the learned appellate authority-II Kangra at Dharamshala, HP, whereby rent appeal No. 03-N/XIV/2022 having been filed by the appellant-tenant (hereinafter referred to as the “tenant” ), came to be dismissed, tenant has approached this Court in the instant proceedings filed under Section 24 (5) of the HP Urban Rent Control Act, 1987 (hereinafter referred to as the “Act”), praying therein to set-aside aforesaid judgment as well as order dated 29.4.2021, whereby prayer made by the respondent-landlord (herein after referred to as “the landlord”) for causing eviction of the tenant on the ground of non-payment of arrears of rent, came to be allowed. 2. Precisely, the facts of the case as emerge from the record are that landlord filed petition under Section 14 of the Act before the Rent Controller-I, Nurpur, District Kangra, HP, for the eviction of tenant from shop No. 1152/3 on the ground of arrears of rent and personal bonafides. During the pendency of the aforesaid petition, landlord filed an application under Section 151 CPC, praying therein for assessment of arrears of rent alongwith interest. In the aforesaid application, landlord claimed that w.e.f April, 2016, tenant has not paid any rent till date and as such, he be directed during the pendency of the eviction proceedings to pay the rent on the basis of assessment made by the court. Aforesaid prayer made on behalf of the landlord came to be resisted by the tenant, who in his reply, disputed the factum with regard to arrears of rent. He stated that he had been regularly paying the rent, but w.e.f. April, 2016, landlord refused to receive the rent and as such, he was compelled to send the rent through money orders, but same were also not accepted by the landlord. In the reply, respondent expressed his readiness and willingness to deposit the rent assessed by the court. On the basis of aforesaid pleadings adduced on record by the respective parties, learned Rent Controller-I, Nurpur, District Kangra, vide order dated 1.10.2022 (Annexure P-1) proceeded to assess the arrears of rent @ Rs.1000/-pm alongwith interest @12% p.a. and accordingly, directed the tenant to pay sum of Rs. 68850/- as arrears of rent w.e.f. April, 2016 till passing of the order dated 1.10.2020. Besides, above, court also awarded costs to the tune of Rs. 2,000/- in favour of the landlord. 68850/- as arrears of rent w.e.f. April, 2016 till passing of the order dated 1.10.2020. Besides, above, court also awarded costs to the tune of Rs. 2,000/- in favour of the landlord. 3. Being aggrieved and dissatisfied with aforesaid order, tenant preferred an appeal in the court of learned appellate authority-II Kangra, at Dharamshala, but same was also dismissed vide judgment dated 9.4.2021. Since despite having failed in appeal, tenant failed to make the arrears of rent as assessed by the learned Rent Controller-I, Nurpur, District Kangra, vide order dated 1.10.2020, landlord preferred an application under Section 151 CPC, in the pending rent petition, praying therein for eviction of tenant on account of non-payment of arrears of rent in terms of order dated 1.10.2020. Afore prayer made on behalf of the landlord came to be contested by the tenant on the ground that since he had filed appeal before the appellate authority, laying therein challenge to order dated 1.10.2020, he had no opportunity to tender the rent in terms of aforesaid order. However, learned Rent Controller-I, Nurpur, District Kangra, having taken note of the fact that at no point of time order dated 1.10.2020, passed by the learned Rent Controller-I, Nurpur, District Kangra, ever came to be stayed by the appellate authority-II Kangra at Dharamshala, in the appeal No. 04-N/XIV/2022, allowed the application and ordered eviction of tenant on the ground of non-payment of interim rent as assessed by the Rent Controller-I, Nurpur, District Kangra, vide order dated 1.10.2020. 4. Being aggrieved and dissatisfied with order dated 29.4.2021 passed by the Rent Controller-I, Nurpur, District Kangra, tenant filed rent appeal bearing 03-N/XIV/2022 in the court of appellate authority-II Kangra at Dharamshala, however, same was also dismissed vide judgment dated 30.4.2022 (Annexure P-4). In the aforesaid background, tenant has approached this Court in the instant proceedings. 5. Precisely the ground as has been highlighted/raised in the instant petition and as has been further canvassed by Mr. Nitin Thakur, Advocate, appearing for the tenant is that learned Rent Controller-I, Nurpur, District Kangra, could not have assessed the interim rent, if any, on the application made by the landlord during the pendency of the eviction proceedings, especially when there is no such provision in the Act. Mr. Nitin Thakur, Advocate, appearing for the tenant is that learned Rent Controller-I, Nurpur, District Kangra, could not have assessed the interim rent, if any, on the application made by the landlord during the pendency of the eviction proceedings, especially when there is no such provision in the Act. Mr. Nitin thakur, further argued that otherwise also, Rent Controller-I, Nurpur, District Kangra, before making the assessment of arrears of rent, if any, ought to have afforded an opportunity of leading evidence, but since in the case at hand, such opportunity was never afforded to either of the parties, order dated 1.10.2020, which specifically came to be upheld in appellate proceedings is nonest in the eyes of law and is not binding upon the parties. 6. Having heard learned counsel for the parties and perused material available on record vis-à-vis reasoning assigned in the impugned judgment dated 30.4.2022 (Annexure P-4), passed by the learned Appellate Authority-II Kangra, at Dharamshala, this court finds no merit in the aforesaid submissions of Mr. Nitin Thakur, learned counsel appearing for the tenant. Hon’ble Apex Court in case titled Rakesh Wadhawan v. M/s Jagdamba Industrial Corporation, 2002 (1) RCR 514, has categorically held that it is obligatory on the Rent Controller to make assessment of the arrears of rent, interest and cost of litigation and fix provisional rent to be paid by the tenant on the first date of hearing. In the case at hand, application under Section 151 CPC, came to be filed at the behest of landlord, requesting therein the court to make assessment of arrears of rent. Landlord categorically stated in the application that w.e.f. April, 2016, tenant has not paid any rent. Aforesaid submission made on behalf of the landlord never came to be disputed by the tenant, who in his reply categorically stated that w.e.f. April, 2016, landlord purposely and intentionally stopped receiving payments and as such, he was compelled to send the same by way of money order, but same was also not accepted. Apart from above, tenant himself in his reply to the application stated that he is ready and willing to make the payment, if any, qua the arrears of rent on the basis of assessment made by the court. Apart from above, tenant himself in his reply to the application stated that he is ready and willing to make the payment, if any, qua the arrears of rent on the basis of assessment made by the court. Once tenant himself admitted in reply to the application that he has not been able to deposit the rent w.e.f. April, 2016, there was no occasion, if any, for the Rent Controller to afford opportunity to the parties to lead evidence for proving the aforesaid factum. Similarly, this Court finds that though in the case at hand, landlord claimed that tenant had agreed to pay rent @ Rs. 3500/-, but Rent Controller having taken note of the claim of the tenant that he was paying rent @ Rs. 1000/- p.m., proceeded to make the assessment of arrears of rent on the basis of Rs. 1000/- only. Once there was no dispute with regard to arrears of rent w.e.f. April, 2016 , there was no requirement for the Rent Controller-I, Nurpur, District Kangra, to afford an opportunity to the parties to lead the evidence. Had tenant not made any admission with regard to arrears to rent w.e.f. April, 2016, tenant would have been right in contending that before making assessment of arrears of rent he ought to have been afforded opportunity of leading evidence by the court below. 7. In the case at hand, tenant was directed to pay arrears of rent vide order dated 1.10.2020, on or before the next date of hearing i.e. 29.10.2020, but interestingly, tenant instead of doing the needful in terms of order himself chose to file appeal before the appellate authority, wherein admittedly, no stay ever came to be granted against the aforesaid order dated 1.10.2020, and as such, no illegality and infirmity can be said to have been committed by the appellate authority while passing order dated 30.4.2022, whereby order dated 29.4.2021 passed by the learned Rent Controller, ordering eviction on the ground of non-payment of interim arrears of rent as assessed by the learned Rent Controller came to be upheld. 8. Consequently, in view of the detailed discussion made herein above, this Court finds no illegality and infirmity in the impugned orders dated 30.4.2022 and 29.4.2021, and as such, same are upheld. As a consequence of which, present petition fails and dismissed accordingly. All pending miscellaneous applications also stand disposed of accordingly.