Leave to contest--Refusal to grant leave to contest amounts to admission of the contents of eviction petition, if the eviction petition itself specifies the requirements of Section 13-B.

Permod Kohli, J.

1. This Revision is directed against the order dated 4.8.2007 passed by the Rent Controller, Ludhiana, dismissing the application under Section 5 of the Limitation Act for condoning the delay in filing application for leave to contest the Eviction Petition and consequently the application for leave to contest.

2. Respondent filed an application for eviction of the petitioner herein from the demised premises under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as "the Act"). Notice of the application was issued in the prescribed form asking the petitioner/tenant to appear before the Rent Controller within 15 days of the date of service of notice and to obtain leave to contest the petition. Tenant was served with the summons of Eviction Petition on 19.5.2005. 15 days period for filing application expired on 3.6.2005. Application for leave to defend was preferred on 4.6.2005. It was not accompanied with any application for condonation of delay. Thereafter an application under Section 5 of the Limitation Act came to be filed seeking condonation of delay of one day in filing the application for leave to defend. Learned Rent Controller vide the impugned order has dismissed the application under Section 5 of the Limitation Act and consequently application for leave to defend the Eviction Petition. The Rent Controller relied upon the judgment of this Court reported in the case of Babu Ram v. Naresh Kumar, 2006(3) RCR(Civil) 789 : 2006(2) RCR(Rent) 249 (P&H) as also a Division Bench judgment of this Court in the case of Ashwani Kumar Gupta v. Siri Pal Jain, 1998(2) RCR(Rent) 222 (P&H) : 1998(2) RLR 263 wherein it has been laid down that provisions of Section 5 of the Limitation Act are not applicable in proceedings before the Rent Controller, particularly, for condoning delay in filing application for leave to contest the Eviction Petition. Based upon the ratio of the aforesaid judgment, application under Section 5 of the Limitation Act and consequently application for leave to contest have been dismissed.

3. Mr. Gurcharan Dass, learned counsel appearing for the petitioner has vehemently argued that the order impugned is in violation of provisions of Section 18-A(7) of the East Punjab Urban Rent Restriction Act as also Section 17 of The Presidency Small Cause Courts Act, 1882.

It is contended that by virtue of Sub Section (7) of Section 18-A of the Act, the procedure prescribed for trial of suit under Small Causes Courts Act is applicable for trial of eviction petition and by virtue of Section 17 of the Small Causes Courts Act, Code of a Civil Procedure is made applicable, hence it was obligatory upon the Rent Controller to a have considered the merits of the Eviction Petition and directed the landlord to lead evidence to prove the grounds of eviction. According to the learned counsel, mere rejection of application for leave to contest does not ipso facto entitle the landlord to seek an order of eviction. According to him, the Rent Controller should have recorded the evidence of the landlord/petitioner and it is only after the evidence is recorded, and the Rent Controller is satisfied regarding existence of grounds of eviction of the tenant under Section 13-B of the Act that the order for eviction could be passed.

4. It may be useful to examine the Scheme/procedure incorporated under Section 18-A of the East Punjab Urban Rent Restriction Act which is reproduced as under:

"18-A. Special Procedure for disposal of application under Section 13-A or Section 13-B) - (1) Every application under (Section 13-A or Section 13-B) shall be dealt with in accordance with the procedure specified in this section.

(2) After an application under Section 13-A or 13-B is received, the Controller shall issue summons for service on the tenant in the form specified in Schedule II.

(3) (a) the summons issued under sub-section (2) shall be served on the tenant as far as may be in accordance wit