CR No.3009 of 2022 (O&M)

1

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH

CR No.3009 of 2022 (O&M)

Date of decision: 02.08.2022

Neeraj Malhotra

....Petitioner

Versus

Jaswant Singh

....Respondents

CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. Anil Kumar Sharma, Advocate

for the petitioner.

ARVIND SINGH SANGWAN J.

Prayer in this petition is for setting-aside the order dated

18.04.2022 passed by the Lower Appellate Court vide which the order

dated 25.08.2021 passed by the Rent Controller, U.T., Chandigarh,

allowing the application filed by the petitioner under Order 7 Rule 11

CPC, was allowed.

Brief facts of the case are that the respondent/landlord

filed an eviction petition under Section 13 of the Punjab Urban Rent

Restriction Act, 1949 (as amended upto date) (hereinafter referred to as

'the Act of 1949'), for eviction of the petitioner from the tenanted

premises/house on the ground of non-payment of rent, change of user as

well as personal necessity. The said rent petition was filed in the year

2018. The petitioner/tenant appeared and filed an application under

Order 7 Rule 11(d) CPC for rejection of the petition on the ground that

the petition is filed und