Disposed

Ashok Abrol v. Vijay Kumar Jain

Punjab & Haryana HC7 Dec 2011CR/4323/2011

Case brief

AI extract

What is this about?

The High Court, in a tenant's revision petition, disposed of the challenge to the rejection of an extension for depositing arrears. However, the Court stayed the ex parte eviction order pending the decision of the application to set aside the decree and directed the Rent Controller to decide it within three months and release the deposited amount.

What did the court decide?

Staying ex parte eviction order; directing Rent Controller to decide application for setting aside decree within three months and release deposited amount.

Ashok Abrol Vs Vijay Kumar Jain — Execution and Attachment | Punjab & Haryana HC (2011)

¶1

CR No.4323 of 2011

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶4

CR No.4323 of 2011 Date of decision: 7.12.2011

¶5

Ashok Abrol

¶6

......Petitioner(s)

¶7

Versus

¶8

Vijay Kumar Jain

¶9

......Respondent(s)

¶10

CORAM:HON'BLE MR.JUSTICE RAKESH KUMAR GARG

¶11

¶12

Present: Mr. Vaibhav Sehgal, Advocate for the petitioner.

¶13

Mr. Vishal Aggarwal, Advocate for the respondent.

¶14

Rakesh Kumar Garg, J.(Oral)

¶15

This is tenant's revision petition challenging the order dated 27.5.2011 of the Rent Controller, Ludhiana whereby his application for grant of extension of time in depositing the arrears of rent as per the order dated 23.4.2011 was rejected.

¶16

From the averments made and the documents attached with this petition, the facts which emerges out are that an ex parte decree of eviction was passed against the petitioner on 12.11.2010 on various grounds including non-payment of rent. The petitioner moved an application under Order 9 Rule 13 CPC for setting aside the aforesaid ex parte order of ejectment which is still pending.

¶17

Along with this application, the petitioner also filed an application for staying his dispossession from the demised premises during the pendency of the application for setting aside the ex parte decree. The Rent Controller, Ludhiana vide his order dated 23.4.2011 stayed the operation of ex parte order of eviction dated 12.11.2010 subject to deposit of rent by the petitioner in the Court @ Rs.950/- per month w.e.f. 6.2.2006 till 12.11.2010 within a period of one month. The petitioner failed to deposit

¶18

¶19

CR No.4323 of 2011

¶20

the said arrears within stipulated period. The petitioner moved an application on 23.5.2011 before the Rent Controller seeking extension of time for depositing the arrears of rent, as per the above said order, stating that his grandson has suffered burn injuries on his body on 28.4.2011 and a huge amount was spent on his treatment and for the said reason, the amount could not be deposited and therefore, enlargement of time was sought. The said prayer of the petitioner was rejected vide impugned order dated 27.5.2011.

¶21

The instant revision petition has been filed challenging the aforesaid order. After noticing the contentions raised by the learned counsel for the petitioner, this Court passed the following order on 20.7.2011:-

¶22

“Notice of motion for 26.9.2011.

¶23

In the meantime, operation of order dated 27.5.2011 (Annexure P-1) stands stayed subject to the deposit of arrears of rent as ordered by the trial Court, within 15 days from today.”

¶24

Thereafter, on 26.9.2011, the following order was passed:-

¶25

Mr. Vishal Aggarwal, Advocate has appeared on behalf of respondent No.1 and filed his power of attorney.

¶26

Service is complete.

¶27

Arrears of rent is reported to have been deposited.

¶28

Case stands adjourned to 17.11.2011.

¶29

In the meantime, operation of the impugned order dated 27.5.2011, shall remain stayed subject to payment of arrears of rent upto date, within a period of 15 days and shall continue to pay rent on 10^th of every month.”

¶30

It is not in dispute that the petitioner is in possession of the demised premises and his application filed under Order 9 Rule 13 CPC for

¶31

¶32

CR No.4323 of 2011

¶33

setting aside the ex parte order of eviction dated 12.11.2010 is still pending before the Rent Controller, Ludhiana. It is also not in dispute that the said Court has the jurisdiction to enlarge the time under Section 148 of the CPC for complying with the order dated 23.4.2011. In fact before this Court, learned counsel appearing on behalf of the respondent could not dispute the aforesaid facts and the settled proposition of law. However, his grievance is that despite deposit of the arrears of rent as stated before this Court, the same have not been released to him though he was entitled to the same. His further grievance is that the eviction petition was filed in the year 2007 on various grounds, including personal necessity of the respondent-landlord and the respondent is suffering because of the delay in disposal of the case.

¶34

After hearing learned counsel for the parties, this petition is disposed of with the following directions:

¶35

(i) That operation of the ex parte eviction order dated 12.11.2010 shall remain stayed subject to the compliance of order dated 26.9.2011 of this Court regarding payment of future rent passed in the instant revision petition till the decision of the application under Order 9 Rule 13 CPC.

¶36

(ii) That the Rent Controller shall dispose of the application under Order 9 Rule 13 CPC pending before him `within three months from today.

¶37

(iii) The Rent Controller shall also pass appropriate orders on the application of the respondent to release the amount of arrears as deposited in compliance of the orders of this Court.

¶38

(RAKESH KUMAR GARG) JUDGE

¶39

December 7, 2011 ps

¶40

CR No.4323 of 2011 4

Ashok Abrol v. Vijay Kumar Jain

Case brief

What is this about?

What did the court decide?

Ashok Abrol v. Vijay Kumar Jain

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Krishan Lal Vs Usha Rani and Anr.

Ram Pal Vs Satish Kumar

Swinder Singh Vs Amrik Singh and Anr.

Lakshmi Chand and Anr. Vs Swaran Singh and Anr.

Balwan Singh Vs Anita

Punit Wadhwa Vs Manohar Lal and Anr.