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CR-4911-2025 (O&M) (cid:1) (cid:1) (cid:2)(cid:3)(cid:2)(cid:1) (cid:1) (cid:1) (cid:1) (cid:1)

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IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

102 CR-4911-2025 (O&M)

Date of decision: 27.02.2026

Gurparkash Singh ..... Petitioner

Versus

Balbir Chand ..... Respondent

CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA

PRESENT: Mr. Ravindra Pal Singh, Advocate for the petitioner.

NIDHI GUPTA, J.

1. Fresh Vakalatnama with ‘no objection’ from previous

counsel filed on behalf of the petitioner is taken on record.

2. The present second revision petition has been filed by the

petitioner seeking setting aside of the order dated 24.04.2025 (Annexure

P-1) passed by the learned Additional Civil Judge (Senior Division),

Patiala in Review Petition No. 54/2017, whereby the application for

impleading the applicants as respondents in the main Rent Petition filed

by the respondent under Section 13(4) of the East Punjab Urban Rent

Restriction Act, 1949, (hereinafter referred to as-‘the Act’), has been

dismissed.

3. Brief facts of the case in chronological order are as

follows:-

03.07.2017: Respondent-Balbir Chand had filed rent petition seeking

eviction of the petitioner from the demised shop on the ground of bona

fide necessity.

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12.02.2015: Vide order dated 12.02.2015, the said rent petition was

allowed by the learned Rent Controller, Patiala; and the petitioner was

ordered to be evicted from the demised shop.

06.08.2015: Being aggrieved, the petitioner had filed a Rent Appeal

against the order dated 12.02.2015; which was also dismissed by the

Appellate Authority, vide judgment and order dated 06.08.2015.

24.08.2015: Against the order dated 06.08.2015, the petitioner had filed

Civil Revision No. 5244-2015 which was disposed of by the

Predecessor Bench vide order dated 24.08.2015 (Annexure P-2) on the

statement/ undertaking given by the petitioner that ‘…the petitioner be

only afforded a period of nine months to vacate the demised premises,

as he does not wish to press the petition on merits.’

31.5.2016: Consequently, the possession of the demised shop came to

be delivered to the respondent on 31.05.2016.

03.07.2017: Thereafter, the petitioner moved an application under

Section 13(4) of the Act dated 03.07.2017 (Annexure P-4) for

restoration of possession of the demised shop to the petitioner.

24.09.2024: Subsequently, the petitioner moved the instant application

dated 24.09.2024 (Annexure P-5) before the learned Rent Controller,

Patiala, for impleading the children of respondent-Balbir Singh as party

in the aforesaid application (Annexure P-4) filed under Section 13(4) of

the Act.

24.04.2025: Vide the impugned order dated 24.04.2025 (Annexure P-1),

abovesaid application (Annexure P-5) of the petitioner has been

dismissed.

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4. It is, inter alia, submitted by learned counsel for the

petitioner that the learned Rent Controller, Patiala has erred in dismissing

the application (Annexure P-5) filed for impleading the children of sole

respondent-Balbir Singh as, it failed to consider that the possession of

demised shop has admittedly been delivered to the children/proposed

respondents No. 2 to 5 by the respondent herein. It is submitted that the

learned Rent Controller has lost sight of the fact that possession of the

demised shop has been transferred in favour of proposed respondents No.

2 to 5 in order to defeat the right of the petitioner. Thus, the observations

of the learned Rent Controller, to the effect that the said proposed

respondents are not liable to be impleaded as party respondents despite

the transfer of possession of demised shop to them is totally erroneous. It

is accordingly prayed that the present revision petition be al