Allowed

Paramjit Singh v. Gian Chand Ghaiwal

Punjab & Haryana HC26 Nov 2008CR/5101/2007

Case brief

AI extract

What is this about?

The High Court set aside the impugned order and granted the tenant leave to defend. The Rent Controller was directed to decide the entire proceedings within six months after affording three opportunities to both parties for concluding evidence, considering the summary nature of proceedings under Section 13-B.

What did the court decide?

Impugned order set aside; tenant granted leave to defend; proceedings to be disposed of within six months with three opportunities for evidence on each side.

Paramjit Singh Vs Gian Chand Ghaiwal — 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.5101 of 2007

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Date of decision: 26^th November, 2008

Paramjit Singh

… Petitioner

Versus

Gian Chand Ghaiwal

… Respondent

CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

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Present: Mr. Ravi Kapoor, Advocate for the petitioner. Mr. D.K. Bhatti, Advocate for respondent.

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KANWALJIT SINGH AHLUWALIA, J. (ORAL)

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Counsel for the parties are in agreement that disputed questions of fact are involved and it is to be determined by the Rent Controller whether the landlord had earlier sold some property or not; or whether the premises are required for the bonafide use and occupation.

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It has been stated by Mr.Ravi Kapoor, that it has been stated in the application for leave to defend that landlord had earlier sold six properties vide six separate sale deeds and therefore, these sale deeds are required to be proved by leading evidence to show that the ground of personal necessity raised by the landlord is not made out.

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Mr. Bhatti states that in case trial Court is directed to conclude the proceedings within a stipulated time, he will have no objection in case leave to defend is granted so that he is able to prove his personal necessity as per provisions of the Act. Mr.Bhatti has further stated that since the provisions under Section 13-B have been enacted for the benefit of NRI

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Civil Revision No. 5101 of 2007

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landlords and prescribe summary proceedings, therefore, trial Court be bound to decide the proceedings within a period of six months.

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I find merit in the contention made by counsel for the respondent. Accordingly, the impugned order is set aside. Tenant is granted leave to defend. As stated by Mr. Bhatti, Rent Controller shall decide the entire proceedings within six months after affording three opportunities each to the landlord and the tenant to conclude their evidence.

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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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November 26, 2008 rps

Paramjit Singh v. Gian Chand Ghaiwal

Case brief

What is this about?

What did the court decide?

Paramjit Singh v. Gian Chand Ghaiwal

Case brief

What is this about?

What did the court decide?

What the court decided

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