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2023 Supreme(P&H) 1692

HARKESH MANUJA
Sahib Singh – Appellant
Versus
Gurjinder Kaur – Respondent


Advocates appeared:
For the Parties :Mr. Rajiv Kataria, Mr. Aman Joon, Mr. G.S. Punia Senior, Advocate, Mr. P.S. Punia

Judgement Key Points

Based on the provided legal document, here are the key points regarding the judgment:

  • Case Details: The case is Sahib Singh vs. Gurjinder Kaur & Anr., decided by the High Court of Punjab and Haryana on 17-11-2023 (CR No. 1963 of 2021), involving a revision petition against an order of the Rent Controller, Ludhiana (!) (!) .

  • Core Issue: The primary legal question was whether an eviction petition filed under Section 20 of the Punjab Rent Act, 1995, is maintainable if the underlying lease deed is unregistered, as argued by the tenant relying on Section 4 of the Act (!) (!) .

  • Statutory Provisions: The judgment analyzes Sections 2(c), 2(m), 4, and 20 of the Punjab Rent Act, 1995, alongside Sections 107 of the Transfer of Property Act and Section 52 of the Easements Act to define landlord, tenant, and the requirements for eviction (!) (!) (!) .

  • Nature of Section 4(2): The Court held that the provision requiring registration of tenancy agreements under Section 4(2) of the 1995 Act is directory, not mandatory. Non-registration does not invalidate the agreement or oust the jurisdiction of the Rent Controller (!) (!) (!) .

  • Legislative Intent: The Court reasoned that the object of the 1995 Act is to resolve landlord-tenant disputes effectively; interpreting registration as mandatory would defeat this purpose and could act as a "double-edged sword" against tenants who might be treated as trespassers without protection (!) (!) (!) .

  • Precedents Relied Upon: The judgment cites M/s A.R. Ventures and others vs. M/s Roop Square Pvt. Ltd. (2021) to support the directory nature of Section 4(2), and references the Supreme Court's decision in Atlas Cycle Industries Limited & Others v. State of Haryana regarding the interpretation of "shall" and directory vs. mandatory provisions (!) (!) (!) .

  • Consequences of Non-Registration: While non-registration affects the admissibility of the lease deed as evidence under Section 49 of the Registration Act, it does not divest the landlord of the right to seek eviction if other grounds under Section 20 are met (!) .

  • Outcome: The revision petition challenging the Rent Controller's order was dismissed, affirming that the eviction petition was maintainable despite the unregistered lease deed (!) (!) .

  • Direction to Lower Court: The High Court directed the Rent Controller, Ludhiana, to dispose of the pending eviction petition within one year of receiving the certified copy of this order (!) .


Judgment

Mr. Harkesh Manuja, J.

By way of present revision petition, challenge has been laid to an order dated 19.08.2021 (Annexure P-6) passed by the Rent Controller, Ludhiana, whereby, an application filed at the instance of petitioner-tenant, seeking dismissal of the eviction petition on account of its non-maintainability, stands dismissed.

2. Briefly stating, respondent No.1, claiming herself to be the landlady qua the demised premises i.e. property No.B.XVIII-4221/329ZA/1, situated in Village Jawaddi, Model Town Extension-A, Part-II Block-A, Ludhiana, filed an eviction petition invoking Section 20 of the Punjab Rent Act, 1995 (hereinafter referred to as “1995 Act”), seeking eviction of the petitioner-tenant as well as respondent No.2, on the ground of arrears of rent. In the eviction petition, it was pleaded that the petitioner as well as respondent No.2 were tenants under the demised premises vide lease deed dated 29.01.2014.

3. Upon notice, the petitioner-tenant appeared before the Rent Controller, Ludhiana and moved an application dated 28.03.2019 (Annexure P-3), while submitting that in view of Section 4 of the 1995 Act and the lease deed dated 29.01.2014 not being a registere

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