[285] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 11.11.2025 Ravinder Kumar …Petitioner versus Lakhwinder Singh ….Respondent Coram : HON’BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Sharad Mehra, Advocate for the petitioner.

Mr. L.S. Sidhu, Advocate for the respondent.

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PANKAJ JAIN, J. (ORAL)

[1] By way of present petition under Article 227 of the Constitution of India, the petitioner has assailed Order dated 01.05.2023 passed by the Rent Controller, Amritsar, whereby application filed by the tenant for treating the eviction petition as an ordinary eviction petition stands rejected.

[2] At the outset, learned counsel for the respondent points out that in terms of Section 50 of the Punjab Rent Act, 1995, the order is amenable to the appellate jurisdiction.

[3] Learned counsel for the petitioner is not in a position to dispute the aforesaid position of law. However, submits that the present revision petition though was filed within 30 days of passing of the order but by now the appeal would be barred by time. He prays that the time for which the revision remained pending before this Court be granted to the appellant keeping in view that he was pursing his remedy diligently though before the wrong Court.

[4] Section 50 of the Punjab Rent Act, 1995 reads as under:-

“50. Jurisdiction, powers and authority of the Appellate Authority.

(1) Save as otherwise expressly provided in this Act, the State Government may, by a general or special order, by notification confer on such officers and authorities, as it may think fit, the powers of Appellate Authority in relation to,—

(a) all appeals against the orders of the Rent Authority under this Act; (b) any other matter, except the registration of agreements referred to in sub-section (2) of section 4 of this Act, arising from the provisions of this Act; and (c) review of its own orders and decisions.

(2) The Appellate Authority may, either suo moto or on application of any of the parties and after notice to the parties and after hearing such of them as it may desire to be heard, call for records of any case pending before the Rent Authority under this Act, and either itself try the case or give direction for disposal of the case to such Rent Authority.

(3) Any person aggrieved by an order passed or a decision made by a Rent Authority may, within thirty days from the date of such order or decision, prefer an appeal, in writing, to the Appellate Authority in the prescribed form and accompanied by certified copy of the order or decision appealed against :

Provided that an appeal may be entertained after the expiry of the said period of thirty days, if the appellant satisfies the Appellate Authority that he had sufficient cause for not preferring the appeal within the specified period.

(4) In computing the aforesaid period of thirty days, the time taken in obtaining certified copy of the order or decision to be appealed against shall be excluded.

(5) An appeal shall lie to the Appellate Authority from every order or decision of Rent Authority made under this Act both on question of law and facts :

Provided that no appeal shall lie against an order or decision of the Rent Authority made under section 21 or section 33 of this Act.

(6) On receipt of an appeal under sub-section (3), the Appellate Authority shall, if satisfied, after such inquiry as it may deem necessary that the appeal is a fit case for adjudication by it, entertain such appeal, but if the Appellate Authority is not so satisfied, it may summarily reject the appeal after recording its reason.

(7) The Appellate Authority shall endeavour to dispose of an appeal against the order or decision of the Rent Authority under clause (d), clause (e), or clause (q) of sub-section (2) of section 20 of this Act within one month of filing of such appeal.

(8) The Appellate Authority shall have the power to effect conciliation between the parties in any case pending before it. ”

[5] Keeping in view that the Appellate Authority is clothed wi