Disposed

Prem Chand and Anr. v. Surinder Kumar and Ors.

Punjab & Haryana HC15 Dec 2008CR/2580/2008

Case brief

AI extract

What is this about?

This court disposed of a civil revision petition filed after a previous order dismissed eviction proceedings as infructuous but noted the Rent Controller was unaware. The court declined to disturb a recent provisional rent assessment, instead directing the Rent Controller to decide the eviction petition based on the earlier infructuous order within six months.

What did the court decide?

The Revision Petition is disposed of. The Rent Controller is directed to decide the eviction petition within six months.

Prem Chand and Anr. Vs Surinder Kumar and Ors. — Landlord and Tenant | Punjab & Haryana HC (2008)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Civil Revision No. 2580 of 2008

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Date of decision: 15^th December, 2008

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Prem Chand and another

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… Petitioners

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Versus

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Surinder Kumar and others

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… Respondents

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CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Mr. Amit Rawal, Advocate for the petitioners.

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KANWALJIT SINGH AHLUWALIA, J. (ORAL)

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On February 25, 2008, this Court had passed an order in Civil Revision No.427 of 2007. Operative part of the same reads as under:

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“After hearing learned counsel for the petitioner and in the light of his above noticed stand that the respondents no longer have any interest in the subject property, in my considered view, the contentions raised in this revision petition and/ or the issues which are pending before the Rent Controller or the Appellate Authority, have been rendered infructuous and there is no legal necessity to adjudicate upon the same.

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Consequently, the orders passed by the Rent Controller as well as the Appellate Authority are set aside and the eviction petition is dismissed as having become infructuous. This order, however, shall not cause any prejudice to the new landlord to whom the subject property is stated to have been sold and he shall be at liberty to initiate fresh eviction proceedings against the petitioner under the Rent Act, if so advised.

Disposed of.

Sd/- (SURYA KANT)

Civil Revision No.2580 of 2008

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February 25, 2008 Judge”

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Counsel states that this order was not brought to the notice of the Rent Controller, therefore, on 3^rd April, 2008, order of assessment of provisional rent was passed.

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At this stage, this Court need not disturb the assessment of provisional rent. However, the Rent Controller is directed to decide the eviction petition in view of the order passed by this Court in Civil Revision No.427 of 2007, decided on 25^th April, 2008, within six months from today, on an application filed by the tenant.

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With these observations, present revision petition is disposed off.

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[KANWALJIT SINGH AHLUWALIA] JUDGE

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December 15, 2008 rps

Prem Chand and Anr. v. Surinder Kumar and Ors.

Case brief

What is this about?

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Prem Chand and Anr. v. Surinder Kumar and Ors.

Case brief

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