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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Surinder Singh Joshi – Appellant
Versus
Jessica Dhillon – Respondent
JUDGMENT :
Vikas Bahl, J. (Oral)
This is a Civil Revision Petition filed under Article 226/227 of the Constitution of India for setting aside the impugned order dated 21.11.2024 (Annexure P-2) passed by the District Judge, Chandigarh.
2. Petitioner appearing in person has submitted that in the present case, two petitions have been filed. One petition has been filed by the respondent Jessica Dhillon under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as 'the Rent Act') as amended up to date and extended to the UT Chandigarh for ejectment / eviction of the present petitioner-tenant from the 1st Floor of H.No.10, Sector 8-A, Chandigarh and the second petition has been filed by the respondent along with three other persons for eviction of the present petitioner from the same premises under Section 13 of the East Punjab Urban Rent Restriction Act, 1949. It is submitted that the petitioner had filed an application for transferring both the cases to the same Court but the said application had been dismissed vide order dated 21.11.2024, which order has been challenged by the petitioner in the present petition. It is further submitted that it will
Ejectment petitions under Section 13-B of the 1949 Act may contain ancillary claims, and landlords have discretion over their property needs, regardless of tenant opposition.
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.
The court emphasized the importance of the Rent Controller considering the assertions made in the tenants' affidavit when determining their entitlement to leave to contest an eviction petition.
The recurring nature of the landlord's bona fide requirement justifies granting liberty to withdraw the eviction petition and file a fresh one on the same cause of action.
The Rent Controller must adhere strictly to statutory timelines for eviction proceedings under the Punjab Urban Rent Restriction Act, without extending deadlines.
The judgment establishes the special rights and restrictions for NRI landlords under Section 13-B of the Punjab Rent Act, emphasizing the burden on tenants to prove the landlord's requirement is not ....
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