The Rent Controller must adhere strictly to statutory timelines for eviction proceedings under the Punjab Urban Rent Restriction Act, without extending deadlines.

JUDGMENT

Vikas Suri, J.

CM-23349-CII-2023

This is an application under section 151 CPC for exemption from filing certified/true typed copy of Annexures P-1 to P-5.

For the reasons mentioned in the application, same is allowed. Annexures P-1 to P-5 are taken on record, subject to all just exceptions.

CM stands disposed of.

CR-7728-2023

This petition has been filed under Article 227 of the Constitution of India read with Section 15(5) of the Punjab Urban Rent Restriction Act (as applicable to Chandigarh) (for short 'the Act') for issuing necessary directions to the learned Rent Controller, Chandigarh, to pass eviction order in compliance of the provisions of Sections 13-B and 18-A of the Act (supra).

2. At the very outset, learned counsel for the petitioner confines his prayer in the present petition to seek a direction to the Rent Controller, Chandigarh, to decide the application seeking leave to defend, in accordance with law, in a time bound manner.

3. The pleaded facts of the case are that the petitioner is a Non- resident Indian and being specified landlord as such, had filed a petition under Section 13-B of the Punjab Urban Rent Restriction Act (as applicable to Chandigarh) for eviction of the respondent-tenant from his residential Flat No.1257/2, Sector 43-B, Chandigarh. Notice of the said petition was issued to the respondent-tenant for 15.07.2023. On the said date, respondent-tenant put in appearance through counsel, who had filed her Power of Attorney and sought time for filing reply and accordingly, at her request the case was adjourned to 04.08.2023. As the respondent-tenant had not filed any application for leave to defend within the stipulated period of 15 days from the date of service of summons or even after from the date of having caused appearance before the Rent Controller, the petitioner filed an application for passing eviction order in terms of the statutory provisions as well as the law laid down by the Apex Court in Om Parkash v. Ashwani Kumar Bassi, (2010) 9 SCC 183 and other judicial pronouncements of this Court. The respondent-tenant moved an application for supply of a copy of documents and annexures, and at his request, the proceedings were adjourned to 01.09.2023 for filing reply to the said application and for consideration on the application filed by the petitioner for passing the eviction order. On the next date of hearing, respondent-tenant was represented by another lawyer who filed his Power of Attorney and an application seeking leave to defend along with another application seeking condonation of 31 days delay in filing the said application. The proceedings were thereafter adjourned to 06.10.2023 for consideration on the aforesaid applications and on the application for passing eviction order. On the next date of hearing, as the respondent-tenant had not advanced arguments on the application seeking leave to defend and the other seeking condonation of delay in filing the said application, the proceedings were again adjourned to 17.10.2023. On the said date of hearing, the proceedings were further adjourned to 15.11.2023 on the request of counsel for the respondent-tenant. On the adjourned date, respondent-tenant filed an application for rejection of the petition and on his request, proceedings were further adjourned to 12.12.2023. On the said date, the petitioner-landlord submitted his written arguments, which were taken on record. However, no arguments were advanced on behalf of the respondent-tenant on the application seeking condonation of delay of 31 days in filing the application for leave to defend or the other applications and the proceedings were deferred to 30.01.2024. In the aforesaid backdrop, the petitioner has approached this Court by way of the present petition.

4. Learned counsel for the petitioner contended that under the provisions of Section 13-B of the Act (supra), a right has been given to a Non-resident Indian owner of a building to obtain immediate possession of the reside