PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
VIKAS BAHL
Pirthi Singh – Appellant
Versus
Sanatan Dharm Mahabir Dal (Regd.), Bathinda – Respondent
JUDGMENT :
Vikas Bahl, J.
This is a civil revision petition filed under Article 227 of the Constitution of India against the order dated 21.09.2024 (Annexure P-1) passed by the Rent Controller, Bathinda, whereby, application for recasting of the proposed issues and changing the burden of issue of issue No.5 upon landlord/respondent, has been dismissed.
2. Learned counsel for the petitioner has submitted that in the present case, eviction has been sought by the respondent-landlord on the ground of subletting and change of user, however a perusal of the order framing issues dated 10.02.2022 would show that as regards both the aforesaid grounds only one consolidated issue has been framed to the effect 'whether the applicant is entitled to seek the respondent's ejectment from the demised premises on the grounds, as pleaded in the application? OPA'. It is submitted that separate issues should have been framed with respect to the same instead of framing one consolidated issue.
3. Learned counsel for the petitioner has further argued that issue No.5 has been framed in the present case to the effect that 'whether the application is not filed by the authorized/competent person? OPR' and regardi
Late applications for framing additional issues are inadmissible if they merely aim to prolong proceedings and fill gaps in evidence.
The main legal point established in the judgment is that the failure to file an application for leave to contest despite the service of summons in the prescribed format justifies an eviction order un....
The court upheld that abatement occurs automatically upon death, and the delay in filing for substitution of legal heirs can be condoned if sufficient cause is shown.
Amendments post-trial commencement are impermissible unless due diligence is shown, reinforcing procedural discipline in judicial proceedings.
The court upheld the validity of the ex-parte order under Article 227, dismissing the appeal for lack of merit in challenging service.
The eviction was upheld on grounds of bona fide requirement and established landlord-tenant relationship, negating the appellant's claims.
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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.