JUDGMENT :

Harkesh Manuja, J. (Oral) - CM No.13696-CII of 2024

By way of present application filed under Section 151 CPC, prayer has been made for preponement of date of hearing of the main case, which is already fixed for 19.12.2024.

Notice of the application.

Learned counsel representing the respondent accepts notice and raises no objection to the prayer made in the present application.

Having heard learned counsel for the parties and gone through the contents of the application, the same is allowed. The date of hearing of the main case is preponed and the same is taken up today for final disposal.

CR No.2515 of 2024 (O&M)

1. By way of present petition, challenge has been laid to an order dated 13.12.2023 passed by the learned Rent Controller, SAS Nagar (Mohali) whereby the order of eviction was passed against the petitioner-tenant as well as the order dated 28.03.2024 passed by the learned Appellate Authority, SAS Nagar (Mohali) vide which the appeal filed by the petitioner-tenant stands dismissed.

2. Briefly stating, the respondent-landlady filed Rent Petition seeking eviction of the petitioner-tenant while invoking Section 20 of the Punjab Rent Act, 1995 (hereinafter to be referred as 'the Act') alleging non-payment of arrears of rent. The demised premises in the present case i.e. 2nd Floor of SCO No.85, Phase-5, SAS Nagar (Mohali).

3. Upon notice, petitioner-tenant appeared before the Rent Controller on 23.10.2023 and moved an application dated 17.11.2023 for the purposes of seeking leave to contest. The aforesaid application filed at the instance of petitioner-tenant was declined by the Rent Controller vide its order dated 12.12.2023 while recording that since the application in the form of affidavit was filed on behalf of petitioner-tenant beyond 15 days of his appearance, the same was barred by limitation and, thus, liable to be rejected. The operative part of the order dated 12.12.2023 is extracted hereunder:-

'Heard on application dated 17.11.2023 to allow the respondent to file affidavit for filing leave to defend. It is stated in the application that respondent has received the summons in the present case on 20.10.2023. However, he could not contact his counsel as he was not feeling well. However, he could not contact his counsel as he was not feeling well. Therefore, he filed the present application to allow him to file leave to appeal.

Since, period of 15 days for filing the leave to defend from the date of notice has already been expired and this Court has no power to condone the delay. This view is further fortified by the judgment of Hon'ble Punjab and Haryana High Court in Paramvir Kaur Vs Balbir Kaur (supra) wherein it was observed that application for condonation of delay would not be applicable to proceedings under Punjab Rent Act, 1995 and Rent Controller have no power to condone the delay. Therefore, the present application is dismissed.

Now to come up on 13.12.2023 for arguments on application dated 17.11.2023 for filing necessary order.'

4. Pursuant to rejection of prayer for leave to contest the eviction petition was heard on merits and, an order of eviction was passed against the petitioner by the Rent Controller on 13.12.2023. Aggrieved thereof, petitioner-tenant filed first appeal and the same came to be dismissed by the Appellate Authority, SAS Nagar (Mohali) vide order dated 28.03.2024. That is how the present petition came to be filed impugning the aforesaid orders.

5. The sole contention raised by learned counsel for the petitioner is that the Authorities below went wrong while non-suiting the petitioner and rejected the prayer made by him for grant of leave to contest on the ground that the application was barred by limitation as it was filed beyond 15 days of his appearance. Learned counsel, thus, submits that since the eviction of the petitioner was sought on the ground of non-payment of rent, the same was entertainable under Section 20(2)(a) of the Act and in such circumstances the application for leave