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SANJAY VASHISTH
Harjeet Singh – Appellant
Versus
Shree Sanatan Dharm Mahabir Dal – Respondent
| Table of Content |
|---|
| 1. ejectment application process overview. (Para 1 , 2) |
| 2. court's reasoning on late applications. (Para 3) |
| 3. necessity for framing additional issues. (Para 4 , 5 , 6) |
| 4. concerns over belated application. (Para 7 , 8 , 9) |
| 5. implications of proposed issues. (Para 10 , 11 , 12) |
| 6. limits on framing additional issues. (Para 13 , 14) |
| 7. court’s decision on additional issue application. (Para 15 , 16) |
| 8. conclusion: revision petition dismissed. (Para 17) |
JUDGMENT
Sanjay Vashisth, J. (Oral)
By way of present revision petition, order dated 17.08.2023 passed by learned Rent Contoller, Bathinda has been challenged by the petitioner-tenant (respondents before learned rent controller), whereby application filed by him for framing of additional issues was dismissed.
2. Facts leading to the filing of the present revision are that; Shree Sanatan Dharm Mahabir Dal (regd.), Bathinda through its President (being applicant) filed an ejectment application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949. The basic grounds for filing the ejectment application are: (i) material alteration done by the respondents-tenants ; (ii) non payment of rent; and (iii) Sub-letting;. Th
Late applications for framing additional issues are inadmissible if they merely aim to prolong proceedings and fill gaps in evidence.
The court's decision emphasized that hearing the application for framing additional issues and the main appeal on the same date would not prejudice the petitioner.
The main legal point established in the judgment is the court's authority to allow the framing of additional issues in a suit, despite the opposition of the Respondent, when it deems it necessary for....
The principle of res judicata does not apply if a fresh application is filed on changed circumstances, and the earlier petition was not adjudicated upon on merits.
Section 24(5) of Rent Act empowers High Court to entertain Revision Petition at any time, but “any time” is to be a reasonable time.
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