Disposed

Prem Sagar Behl v. Yogesh Kumar and Ors.

Punjab & Haryana HC12 Oct 2009CR/6498/2007

Case brief

AI extract

What is this about?

In revision against an order adjourning ejectment petitions sine die pending an interpleader suit, the High Court directed the Civil Court to expedite the title suit's disposal within one year. It allowed the petitioner to apply for directing the tenant to deposit rent in the Treasury, to be disbursed only after the Civil Court decides the title in favor of the rightful landlord.

What did the court decide?

Direction to Civil Court to decide interpleader suit within one year; liberty to move Rent Controller for depositing rent in Treasury without release.

Prem Sagar Behl Vs Yogesh Kumar and Ors. — Punjab & Haryana HC (2009) — LawSathi Research

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CR No.6498 of 2007

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HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR No.6498 of 2007 Date of Decision: 12.10.2009

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Prem Sagar Behl . . . . Petitioner

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VS.

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Yogesh Kumar and others . . . . Respondents

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CORAM : HON’BLE MR.JUSTICE SURYA KANT

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Present: Mr. Mandeep S. Bedi, Sr. Advocate with Ms.Mandeep Kaur, Advocate for the petitioner

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SURYA KANT J.(ORAL)

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This revision petition is directed against the order dated 24.09.2007 passed by the Rent Controller, Gurdaspur, whereby, two ejectment petitions filed against the same tenant i.e. one by the petitioner and the other by his brother Mohan Lal, have been adjourned sine die to await the decision in the interpleader suit filed by the respondent-tenant.

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It is not in dispute that the petitioner as well as his brother, have filed two separate ejectment petitions against the respondenttenant, both claiming to be the rightful landlords. The respondenttenant has also filed an interpleader suit to decide the title dispute between the petitioner and his brother. In these circumstances, the Rent Controller appears to be right in adjourning the ejectment petitions sine die to await the decision in the interpleader suit.

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Learned counsel for the petitioner, however, urges that notwithstanding the time-bound direction given by the Rent Controller in

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CR No.6498 of 2007

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the impugned order itself for earlier disposal of the Civil suit, the petitioner’s brother has not even started leading his evidence.

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Having heard learned counsel for the petitioner, I am of the considered view that it would be in the interest of both the parties, if the interpleader suit is decided at the earliest.

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Consequently, the Civil Court before whom the said suit is pending, is directed to expedite the disposal of the suit by ensuring that not more than 3-4 opportunities be granted to the parties to lead their respective evidence. The Civil Court shall make an endeavour to decide the Civil Suit as early as possible and preferably within one year.

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Meanwhile, the petitioner will be at liberty to move an application before the Rent Controller, Gurdaspur in the eviction petition adjourned sine die , to issue appropriate direction to the tenant(s) to deposit the arrears of rent in the Treasury though not to be released in faovur of the petitioner or his brother so that the same can be disbursed in favour of the landlord after the title suit is decided by the Civil Court. Such an application, if named, shall be decided promptly as per law, notwithstanding the sine die adjournment of the eviction petition(s). However, the tenant shall be liable to deposit the arrears of rent, if so, directed only in one eviction application and without prejudice the rights of all the parties concerned.

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Disposed of.

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Dasti.

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(SURYA KANT) JUDGE

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12.10.2009 shonkar

Prem Sagar Behl v. Yogesh Kumar and Ors.

Case brief

What is this about?

What did the court decide?

Prem Sagar Behl v. Yogesh Kumar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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