The Punjab Rent Act, 1995 provisions regarding lease registration are directory, allowing eviction petitions to proceed despite non-registration of lease deeds.

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 registered document, the eviction petition filed at the instance of respondent No.1 herein, was not maintainable.

4. In response to the aforesaid application, respondent No.1-landlady appeared and filed her objections thereto.

5. The Rent Controller, Ludhiana vide order dated 19.08.2021, dismissed the application filed at the instance of petitioner-tenant.

6. Impugning the aforementioned order passed by the Rent Controller, Ludhiana, learned counsel for the petitioner-tenant submits that the provision of Section 4 of the 1995 Act enjoins the party to enter into a lease agreement through a registered document only and unless the tenancy was created under a registered document, the landlord was not competent to invoke Section 20 of the 1995 Act and thus, the eviction petition filed at the instance of respondent No.1, was not maintainable. In support, he places reliance upon the judgment of this Court passed in “M/s A.R. Ventures and others vs. M/s Roop Square Pvt. Ltd. and others, 2021(2) RCR (Rent) 276.

7. On the other hand, learned Senior counsel representing respondent No.1-landlady also places reliance upon the same very judgment passed in case of M/s A.R. Ventures and others (supra), while submitting that the provision of Section 4(2) of 1995 Act was held to be directory in nature and thus, the Rent Controller rightly dismissed the application filed at the instance of petitioner-tenant.

8. I have heard learned counsels for the parties and gone through the paper book as well as law cited at bar. I am unable to find substance in the submissions made on behalf of the petitioner-tenant.

9. Before delving into the issue in hand, it would be necessary for this Court to refer to Section 2(c), 2(m), Section 4 as well as Section 20 of the 1995 Act, which are as under:-

“Section 2(c):- “ Landlord “ means a person who, for the time being is receiving or is entitled to receive the rent of any premises, whether on his own account or on account of or on behalf of, or for the benefit of any other person or as trustee, guardian or received for any other person or who would so receive the rent or be entitled to receive the rent, if the premises were let to a tenant;

Section 2(m):- “tenant’ means any person by whom or on whose account or behalf the rent of any premises is or, but for special contract, would be payable, and include;-

(i) a sub-tenant;

(ii) any person continuing in possession after the termination of his tenancy, but does not include-

(I) any person against whom an order or decree for eviction has been made, except where such decree or order for eviction is liable to be re-opened;

(II) any person to whom a licence as defined in Section 52 of the Indian Easments Act, 1882, has been granted;

Section 4:-Registration of tenancy agreement:-

(1) Notwithstanding anything containe