Allowed

Sohan Lal v. Parkash Kaur and Ors.

Punjab & Haryana HC15 Dec 2008CR/3424/2008

Case brief

AI extract

What is this about?

This court set aside an ex-parte eviction order against the petitioner respondent held that the Limitation Act does not apply to applications to condone delay in setting aside ex parte orders in rent control proceedings.

What did the court decide?

Ex-parte order of eviction dated 6-11-2001 set aside; parties directed to appear before the Rent Controller on 15-01-2009; landlord ordered to pay costs of Rs. 5000.

Sohan Lal Vs Parkash Kaur 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. 3424 of 2008 (O&M)

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Date of decision: 15^th December, 2008

Sohan Lal

… Petitioner

Versus

Smt. Parkash Kaur 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. Anil Chawla, Advocate for the petitioner. Mr. B.R. Mahajan, Advocate for the respondents.

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KANWALJIT SINGH AHLUWALIA, J. (ORAL)

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Present revision petition has been filed against the order dated 21^st May, 2008, whereby application of the petitioner for setting aside ex-parte order of ejectment was dismissed.

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Tenant was ordered to be evicted vide an ex parte order dated 6^th November, 2001. An application was filed on 11^th December, 2001. It was pleaded in the application that order dated 6^th November, 2001 ought to be set aside, as no service of summons was effected upon the applicant. It was further averred that the rent case was filed on 18^th January, 2001. Tenant was to be served through registered cover but no summons through registered cover were issued for 1^st March, 2001. Again, date was fixed as 12^th April, 2001 for the service of the tenant, on which date, it was ordered that correct addresses be furnished and the case was adjourned to 1^st August, 2001 for service of the tenant.

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It is stated that the Process Server, in connivance with the landlord had given a report of refusal on the part of the tenant. A grievance

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Civil Revision No.3424 of 2008

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was made that the tenant was not served either through Munadi or affixation or through proper manner with the summons of the said rent case.

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Rent Controller had taken a view that in this case, application was filed after more than 30 days, which is a statutory period and therefore, on account of delay, order cannot be set aside. Rent Controller further held that tenant was watching the proceedings and had not joined the proceedings. This Court in Civil Revision No.3531 of 2008, decided on 17^th October, 2008 has held that in the Court of Rent Controller, provisions of Limitation Act are not applicable to the application for setting aside ex parte. It was held as under:

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“ Counsel for the petitioner has stated that it has been held by this Court in ‘Inderjit Pal v. Shankar’, 1985 (1) RCR (Rent) 508, that provisions of the Limitation Act are not applicable to the application for setting aside ex-parte order. It was further held that no limitation has been prescribed by the Act for this purpose. Consequently, the finding that application for setting aside ex-parte order is barred by limitation, cannot be sustained.

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The view taken in Inderjit Pal’s case (supra) has also been reiterated in ‘Brij Mohan Aggarwal v. Laxmi Narayan @ Lachhu’, 2001 (1) RCR (Rent) 128 and it was held as under:

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“5. A Division Bench of Delhi High Court in the case of Shri Subhash Chander v. Shri Rehmat Ullah, 1972 Rent Control Reporter 977 was concerned with relevant provisions of Delhi Rent Control Act, 1958. Under the provisions of Delhi Rent Control Act, the Court of the Controller is not for all practicable purposes a Court nor the Code of Civil Procedure in entirety applies with all vigour and strength. It was held that keeping in view this fact, the provisions of Indian Limitation Act would also not be attracted. Same view prevailed with this Court in the case of Inderjit Pal v.

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Civil Revision No.3424 of 2008

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Shankar, 1985(1) Rent Control Reporter 508 and it was held :-

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"It is now well settled that the Rent Controller is not a court. He is an officer persona designata, specially authorised to adjudicate upon disputes relating to urban property concerning ejectment and determination of fair rent of urban properties. The provisions of Limitation Act are not applicable to the proceedings before the Rent Controller exercising jurisdiction under the Act. The provisions of the Act are substantially the same as the provisions of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter called the Punjab Act)".

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6. That being the position in law, the Controller could not have dismissed the petition on the ground of limitation but was competent to consider if there is inordinate delay and laches.”

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A tenant cannot be evicted without affording reasonable opportunity to defend his case. Fair play demands that sufficient opportunity should be granted to him to project his case before the Rent Controller. Accordingly, the order passed by the Rent Controller whereby eviction of the tenant was ordered ex parte is set aside. Parties are directed to appear before the Rent Controller on 15.01.2009. However, in this case the landlord ought to be compensated, in order to balance the equities. Mr.Chawla states that he is ready to pay the costs. Costs is assessed as Rs.5,000/-. Same be paid on the date of appearance before the Rent Controller.

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With these observations, present revision petition is disposed

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off.

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[KANWALJIT SINGH AHLUWALIA] JUDGE

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December 15, 2008 rps

Sohan Lal v. Parkash Kaur and Ors.

Case brief

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Sohan Lal v. Parkash Kaur and Ors.

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