Disposed

Gurmit Kaur v. Jugal Kishore and Anr.

Punjab & Haryana HC6 Oct 2009CR/1785/2009

Case brief

AI extract

What is this about?

This order disposed of two revision petitions in eviction matters. The court upheld the Rent Controller's grant of leave to contest but directed the controller to allow the respondent-tenants no more than three opportunities to lead evidence and decide the case within six months, considering the petitioner's age and legislative intent.

What did the court decide?

Directed the Rent Controller to not grant more than 3 opportunities to respondents to lead evidence and to decide the eviction petition within six months.

Gurmit Kaur Vs Jugal Kishore and Anr. — Landlord and Tenant | Punjab & Haryana HC (2009)

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CR No.1785 of 2009 & CR No.1786 of 2009

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HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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(1) CR No.1785 of 2009 (O&M) DATE OF DECISION: 06.10.2009

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Gurmeet Kaur . . . . Petitioner

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VS.

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Jugal Kishore and another . . . . Respondents

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(2) CR No.1786 of 2009 (O&M) DATE OF DECISION: 06.10.2009

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Kishan Dass . . . . Petitioner VS.

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Gopi Chand . . . . Respondent

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CORAM : HON’BLE MR.JUSTICE SURYA KANT

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****

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1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not?

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3. Whether the judgment should be reported in the Digest?

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Present: Mr. Hiten Nehra, Advocate for the petitioner.

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Mr.S.K. Paruthi, Advocate for the respondent.

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SURYA KANT J.(ORAL)

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This order of mine shall dispose of CR No.1785 and CR No. 1786 of 2009 as common questions of law and facts are involved in these cases. For brevity, the facts are being extracted from CR No.1785 of 2009. These revision petitions are directed by the NRI landlady against the order dated 16.07.2008 passed by the Rent Controller, Jalandhar, granting leave to contest to the respondent-tenants in an eviction petition filed under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949.

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CR No.1785 of 2009 & CR No.1786 of 2009

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The leave has been granted by the Rent Controller after observing that the respondents have raised a triable issue inasmuch as previously, the eviction petition filed against the respondent-tenant under Section 13 of the Act, including on the ground of personal necessity, was dismissed.

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Having heard the counsel for the parties for some time, I am of the considered view, that no serious prejudice has been caused to the petitioner by the impugned order. The Rent Controller has merely found that the tenant has raised some triable issues. No interference in the impugned order is, thus, called for.

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However, having regard to the age of the petitioner and the legislative intent behind Section 18-A of the Act and also keeping in view the fact that the petitioner-landlady has already led her evidence, this revision petition is disposed of with a direction to the Rent Controller, Jalandhar, not to grant more than 3 opportunities to the respondenttenants to lead their evidence and decide the eviction petition preferably within six months from the date of receipt of certified copy of this order.

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Disposed of.

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Dasti.

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(SURYA KANT) JUDGE

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06.10.2009 shonkar

Gurmit Kaur v. Jugal Kishore and Anr.

Case brief

What is this about?

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Gurmit Kaur v. Jugal Kishore and Anr.

Case brief

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What did the court decide?

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