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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
RITU TAGORE
Jagmeet Singh – Appellant
Versus
R.C. Khosla (Since Deceased) Now Represented By His Legal Heirs – Respondent
JUDGMENT :
Ritu Tagore, J. (Oral)
Challenge in the present revision petition, filed by the petitioner-tenant, is to the order dated 19.07.2023 passed by learned Additional District Judge, Jalandhar, exercising the power of Appellate Authority under The Punjab Rent Act, 1995 (for short, 'the Act'), confirming and upholding the findings of learned Rent Controller, Jalandhar dated 21.07.2022 passing the eviction order against the petitioner due to non-filing of affidavit/application for leave to contest within the period of limitation.
2. Relevant facts for the adjudication of the present revision petition are that respondents-landlords filed an eviction petition bearing No.82 of 2022 on 30.03.2022 under Sections 20 and 24 of the Act (Annexure P-6) for ejectment of the petitioner from the demised premises on the grounds of i) non- payment of rent and ii) personal necessity of the premises by the respondent No.1-Dr.R.C.Khosla, aged 82 years, a senior citizen.
3. After hearing both the sides and examining the records, learned Rent Controller noted that the petitioner was duly served through registered cover and AD in the present rent petition on 04.04.2022 and appeared in the Court for the
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 main legal point established in the judgment is that a tenant must file an affidavit stating the grounds on which he seeks to contest the application for eviction and obtain leave from the Contro....
The Rent Controller cannot condone any delay in filing a leave to defend application, and a corporate entity can maintain an eviction petition for its bona fide need.
The court established that under Sec. 32(4) of the Rent Control Act, tenants must be given a fair opportunity to contest eviction proceedings, and failure to serve notice on the tenant constitutes a ....
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.
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