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(2026) Law Today Live Doc. Id. 21431 = 2026:PHHC:135342
Decided on: 21.09.2026
Present:
Mr. Amit Dhawan, Advocate for the petitioner.
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Tender of rent -- Tenant having denied the landlord-tenant relationship and disputed respondent’s ownership, cannot simultaneously seek permission to deposit rent in Court.
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Rent Laws (Punjab) – Deposit of rent – Denial of landlord-tenant relationship – Tenant having denied the landlord-tenant relationship and disputed respondent’s ownership, cannot simultaneously seek permission to deposit rent before Court on the basis that rent would be payable if respondent is ultimately held to be landlord – Such contradictory stand amounts to blowing hot and cold – Application for deposit of rent rightly dismissed.
(Paras 1-6)
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DEEPAK MANCHANDA, J. (ORAL) –
Petitioner has filed this revision petition to challenge the order dated 11.08.2026 (Annexure P-7) passed by learned Rent Controller, Nakodar in Rent Petition No.10 of 2023, whereby an application filed by the petitioner under Section 151 CPC seeking permission to deposit the assessed rent of Rs.400/- per month before the Court to be released to whichever party is ultimately determined to be legally entitled to receive it, was dismissed.
2. Learned counsel for the petitioner submits that the learned Rent Controller dismissed the application only on the ground that once the petitioner has denied the landlord-tenant relationship, he cannot be allowed to tender rent and the same cannot be accepted. He further submits that there is no inherent contradiction in denying respondent’s title while offering to deposit the rent before the Court.
3. Heard.
4. The relevant extract of the impugned order is reproduced hereunder:-
“In the instant case, the tenants has not only challenged the family settlement inter-se the landlord and other co-sharers, but has also blown hot and cold by submitting that if the Court concludes that the petitioner is the landlord, then he has no objection to pay the due rent in the Court. Now, the instant application has also been filed submitting the same. However, this Court is of the view that once the relationship of landlord and tenant has been denied by the respondent, he cannot be allowed to blow hot and cold and no such application can be entertained to tender rent as the relationship has been denied by the respondent.”
5. A perusal of the impugned order reveals that the learned Rent Controller rejected the application on the ground that the petitioner had denied the existence of a landlord-tenant relationship with the respondent (Gian Chand) and disputed his ownership. The court observed that the petitioner was taking contradictory stands ("blowing hot and cold") by denying the relationship while simultaneously offering to tender the rent. Applying legal precedent, the court held that a tenant cannot be permitted to tender rent after denying the landlord-tenant relationship.
6. Thus, in view of the above discussion, this Court holds that the trial Court has considered the facts and circumstances of the case carefully, before dismissing the prayer of the petitioner and that the impugned order does not suffer from any illegality or impropriety.
6. Consequently, the revision petition fails and is dismissed.
7. Pending civil miscellaneous application, if any, stands disposed of.
Petition dismissed.
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