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ALKA SARIN
Gurinder Singh Sethi – Appellant
Versus
Yadwinder Singh Boparai – Respondent
JUDGMENT
Mrs. Alka Sarin, J.
The present revision petition has been preferred under Article 227 of the Constitution of India challenging the impugned order dated 21.01.2023 (Annexure P-7) passed by the learned Additional District Judge, Ludhiana reversing the order dated 23.01.2020 (Annexure P-6) passed by the learned Civil Judge (Junior Division), Ludhiana-cum-Rent Controller vide which the application under Order 7, Rule 11 CPC read with Order 9, Rule 9 CPC filed by the petitioner herein was allowed and the petition filed by the respondent herein was dismissed.
2. The brief facts relevant to the present case that the landlord-respondent filed a petition under Section 24(D) of the Punjab Rent Act, 1995 (Punjab Act No.13 of 2012) for a direction to the tenant-petitioner to put him in vacant possession of the shop as shown red in the plan annexed with the petition and described in detailed in the petition. The tenant-petitioner filed an application under Order 7, Rule 11 CPC read with Order 9, Rule 9 CPC for dismissal of the petition primarily on the ground that the case was barred by principles of res judicata as also Order 9, Rule 9 CPC as an earlier petition filed by the landlord-
The Rent Control Legislation is a self-contained code, and principles of res judicata do not apply when circumstances change between petitions filed under different Acts.
Misquoting the wrong provision or non-mentioning of any provision would not be sufficient to take away the jurisdiction of the court.
The court's decision was influenced by the applicability of the 1995 Act and the grounds for eviction under the East Punjab Urban Rent Restriction Act, 1949.
Amendment of pleadings in rent control cases should be liberally allowed, and subsequent liabilities can be independently adjudicated despite prior findings.
The court's decision emphasized the intention of the statute as a beneficial legislation and the need to do substantive justice between the parties while following procedural law.
A petition can only be rejected under Order 7, Rule 11 CPC on specific grounds; a subsequent rent petition is not barred by res judicata if it claims rent for a new period.
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