The court upheld the maintainability of a revision petition under Article 227 despite objections, affirming the provisional assessment of rent and rejecting the applicability of the doctrine of suspension of rent.

JUDGMENT

Ritu Tagore, J.

This civil revision petition is filed under Article 227 of the Constitution of India, challenging the order dated 22.04.2024 (Annexure P-1) passed by learned Rent Controller, Chandigarh in Rent Petition No.369 of 2022, regarding provisional assessment of rent, as well as the order dated 31.05.2024 (Annexure P-2), passed by learned Appellate Authority, Chandigarh, in Rent Appeal No.59 of 2024, dismissing the appeal, filed under Section 15 of the East Punjab Rent Restriction Act, 1949 (in short referred to as the Act, 1949), against the order of provisional assessment of rent dated 22.04.2024 passed by learned Rent Controller.

2. At the outset, it is expedient to address the objection regarding the maintainability of revision petition filed under Article 227 of the Constitution of India, as opposed to Section 15 (5) of the Rent Act, 1949, as raised by learned counsel for the respondents/caveator. Precisely, it is urged that, given the existence of a specific provision under Section 15 (5) enacted by the Legislation, filing of a revision under Article 227 of the Constitution of India, is not maintainable. Conversely, learned counsel for the petitioner submits that nomenclature of the provision does not affect the maintainability of revision. The substance of challenge is what assumes significance. It is urged that revision-petition is maintainable under Article 227 of the Constitution of India, a constitutional remedy, provided under the Constitution, with reference to the observation made by this Court in Boota Singh (Major) and others v. Roshan Lal and others, 1970 R.C.R.(Rent) 895.

3. Section 15 of the Rent Act, 1949 deals with vesting of appellate authority on officers by State Government. The relevant provisions of the Section are extracted as below: -

"15. Vesting of appellate authority on officers by State Government.

(V(a)----------

(b)-------

(2)---------------

(3 )-----------------

(4)The decision of the appellate authority and subject only to such decision, an order of the controller shall be final and shall not be liable to be called in question in any Court of Law [except as provided in SubSection (5) of this Section.]

(5) [ The High Court may, at any time on the application of any aggrieved party or on its own motion, call for and examine the records relating to any order passed or proceeding taken under this Act for the purpose of satisfying itself as to the legality or propriety of such order or proceedings and may pass such order in relation thereto as it may deem fit.] "

4. The plain reading of sub clause (5) of Section 15 provides that any aggrieved party, on the application, or High Court on its own motion, can call for and examine the records relating to any order passed or proceedings taken under the Act for the purpose of satisfaction as to the legality and propriety of such order passed or proceedings taken and may pass such order in relation thereto as it may deem fit. In Boota Singh {supra), a revision petition was filed under Section 15 (5) of the Act, against the order passed by learned Appellate Authority, allowing amendment of written statement under Order 6, Rule 17 CPC. An objection was raised that a revision against the order does not lie before the High Court, as such, an order was not an order passed under the Rent Act within the expression used in sub-Section 5 of Section 15. This Court, after deliberation, observed that revision against such an order lies in the High Court, and further observed that even otherwise, this Court is entitled, in exercise of its original jurisdiction under Article 227 of the Constitution, to set aside any order passed by subordinate Court or Tribunal within its jurisdiction, if an order is found to be wholly unsustainable.

5. Regarding the objection raised by the respondents on the maintainability of revision petition under Article 227 of the Constitution of India, in my considered opinion, the remedy under Article 227 of the Constitution of India i