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ALKA SARIN
Manjeet Singh – Appellant
Versus
Manveer Pal Singh Gill – Respondent
JUDGMENT
Alka Sarin, J. - The present petition has been filed under Article 227 of the Constitution of India impugning the orders dated 03.03.2020 (Annexure P-7) and 24.01.2022 (Annexure P-9) passed by the Rent Controller and the Appellate Authority, respectively whereby eviction of the tenant-petitioner from the premises in dispute has been ordered.
2. Brief facts relevant to the present lis are that an eviction petition was filed by the landlord-respondent under Section 24 (3) of the Punjab Rent Act, 1995 (hereinafter referred to as the 'Rent Act') for eviction of the tenant-petitioner from the shop being part of property No.1, Passey Road,
3. Opposite Gurudwara Dukhniwaran Sahib, Patiala on the ground of personal necessity. It was averred in the petition that the landlord-respondent is a permanent resident of Canada and he had been granted permanent residency in Canada on 20.05.2013. Summons were issued to the tenant-petitioner mentioning a petition was under Section 24(3) of the Rent Act. The actual summons (Annexure P-3) reads as under :
'Summons to Defendants Rp/26/2017 Manveer Pal Singh Gill Versus Manjeet Singh Petition u/s 24(3) of the Punjab Rent Act.
To,
Manjeet Singh ®, r/o U
The tenant must apply for leave to contest within the statutory period, and the Rent Controller has no jurisdiction to condone the delay in filing such an application.
The main legal point established in the judgment is the importance of ensuring the tenant's right to be heard before eviction by carefully examining the service of summons and scrutinizing each case ....
The main legal point established in the judgment is that non-registration of a rent agreement does not make it void or inadmissible in evidence under the Punjab Rent Act, 1995.
Section 25 empowers the Rent Controller to summon and enforce the attendance of witnesses and to compel the production of evidence as the Court is empowered under CPC.
The court established that under Sec. 32(4) of the Rent Control Act, tenants must be given a fair opportunity to contest eviction proceedings, and failure to serve notice on the tenant constitutes a ....
The main legal point established in the judgment is that under Section 13(2)(i) of the Haryana Rent Act, the tenant must tender the assessed rent on the first date after assessment, failure of which ....
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