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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Standards Tailors & Drapers – Appellant
Versus
Parvinder Singh @ Parminder Singh – Respondent
JUDGMENT :
Alka Sarin, J.
The present revision petition has been preferred impugning the order dated 18.07.2024 (Annexure P-4) passed by the Rent Controller, Ludhiana rejecting the application filed under Order 7 Rule 11 of the Code of Civil Procedure, 1908 (CPC) for rejection of the plaint.
2. Brief facts relevant to the present lis are that the landlord-respondent herein filed an application under Section 20(2)(a) and (q) of the Punjab Rent Act, 1995 (as amended by the Punjab Rent Amendment Act 2014) (hereinafter referred to as 'Punjab Rent Act, 1995') for eviction of the tenant-petitioners herein from the shop measuring 80 sq. yds. bearing Municipal Corporation No.B-XX-2477 situated at Krishan Nagar, Opp. Gurudwara Mai Nand Kaur, Ghumar Mandi, Ludhiana. It was averred in the eviction petition that the ground floor of the premises was taken on rent by the tenant-petitioners herein on 06.04.2015 and thereafter the lease was renewed from time to time and the last rent agreement between the parties was on 19.07.2021. It was further averred that in the first week of August 2021 the first floor was also given on rent @ ?25,000/- per month and the rent of the ground floor was agreed as ?4
Misquoting the wrong provision or non-mentioning of any provision would not be sufficient to take away the jurisdiction of the court.
The Rent Control Legislation is a self-contained code, and principles of res judicata do not apply when circumstances change between petitions filed under different Acts.
The main legal point established in the judgment is that the nature of a document is not solely determined by its title, but by the intention of the parties and the content of the document as a whole....
The burden of proof regarding rent payments and the applicability of the Punjab Rent Act, 1995 were central legal points established in the judgment.
Section 25 empowers the Rent Controller to summon and enforce the attendance of witnesses and to compel the production of evidence as the Court is empowered under CPC.
The court emphasized the importance of considering the averments in the plaint and using the power to reject a plaint at the threshold only in exceptional circumstances.
The main legal point established in the judgment is that non-registration of a rent agreement does not make it void or inadmissible in evidence under the Punjab Rent Act, 1995.
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