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HARKESH MANUJA
Renu Bala – Appellant
Versus
Sharanjit Singh – Respondent
| Table of Content |
|---|
| 1. eviction petition filed against tenant. (Para 1 , 2 , 3) |
| 2. pending title dispute necessitates stay. (Para 5) |
| 3. court found no merit in the stay application. (Para 6 , 7) |
| 4. revision petition is dismissed. (Para 8) |
Judgment
Mr. Harkesh Manuja, J.
By way of present revision petition, challenge has been laid to an order dated 16.05.2023 passed by the Rent Controller Dasuya, whereby an application filed at the instance of petitioner-tenant, invoking Section 10 read with Section 151 of CPC for staying the proceedings in the eviction petition filed by respondents-landlord has been declined.
2. Briefly stating, an eviction petition came to be filed against the petitioner at the instance of respondents-landlord qua the demised premises i.e. a shop situated at Ward No.3 Aar Paar Market, Dasuya, District Hoshiarpur. In reply, the identity of the demised premises was disputed being shop No.430 and it was also submitted that the petitioner never remained as tenant over the sane and rather was owner thereof on the basis of adverse possession and a title suit in this regard was pending before the competent Civil Court.
3. Based thereupon, an application under Section 10 read with
Eviction proceedings can continue despite pending title disputes as the landlord-tenant relationship and title issues are adjudicated separately.
Section 10 CPC applies to separate civil suits and does not extend to applications in pending suits. The Rent Act provides a special procedure for eviction proceedings and does not require adjudicati....
The court clarified that Section 10 of the CPC applies only to suits and not to applications in pending suits. Additionally, the Rent Controller does not have jurisdiction to adjudicate ownership/tit....
A suit is maintainable despite prior withdrawal of an eviction petition if it involves distinct causes of action and statutory provisions, as clarified under CPC.
The Rent Controller's jurisdiction is limited to deciding eviction petitions and does not extend to adjudicating on the title of the landlord.
The admission made by the tenants in their written statement can be used as the best evidence against them, and the court upheld the eviction based on the requirement of the premises for personal use....
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