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GURBIR SINGH
Parveen – Appellant
Versus
Jagdeep Kaur – Respondent
JUDGMENT
Mr. Gurbir Singh, J.
Challenge in the present revision petition filed under Article 227 of the Constitution of India is to the order dated 19.09.2023 (Annexure P-4), passed by the Court of learned Rent Controller, Chandigarh, whereby the application under Section 14 of the East Punjab Urban Rent Restriction Act, 1949 (for brevity the Rent Act) read with Order 7, Rule 11 CPC (Annexure P-1), filed by the petitioner, has been dismissed.
2. The facts in brief, as culled out from the paper book, are that the respondents filed a rent petition for ejectment of the petitioner-tenant wherein respondent no.1 is landlady and respondent no.2 is constituted Attorney of respondent no.1 as per General Power of Attorney (Annexure P-5).
3. On appearance before the Court, the petitioner-tenant moved application under the Rent Act (Annexure P-1) on the ground that prior to the filing of the present rent petition, respondent no.2 Manjit Singh earlier filed the rent petition titled as Manjit Singh v. Parveen , which was dismissed vide order dated 22.11.2019 and appeal filed by respondent no.2 against the said order is also pending before the Court of learned Additional District Judge, Chandi
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.
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 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.
CPC is not applicable to rent cases as it is applicable strictly to Civil Suits, but principles contained in provisions of CPC are applicable for adjudication of Rent Petition also.
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.
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