Allowed

Joginder Kaur v. Chaitanya Kochar

Punjab & Haryana HC15 Sept 2011CR/5611/2011

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana dismissed the landlord's revision petition under Article 227 but issued an order directing the Rent Controller, Jalandhar, to decide the eviction petition within six months of filing to comply with prior case law mandates.

What did the court decide?

Directed the Rent Controller to decide the eviction petition within six months and convey the order for strict compliance.

Joginder Kaur Vs Chaitanya Kochar — Execution and Attachment | Punjab & Haryana HC (2011)

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C.R NO. 5611 OF 2011 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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C.R NO. 5611 OF 2011 (O&M) DECIDED ON : 15.09.2011

Joginder Kaur

...Petitioner

versus

Chaitanya Kochar

...Respondent

CORAM : HON'BLE MR. JUSTICE K. C. PURI

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Present : Mr. Arvind Rajotia, Advocate, for the petitioner.

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K. C. PURI, J. (ORAL)

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The landlord has filed this revision petition under Article 227 of the Constitution of India for issuing direction to Rent Controller, Jalandhar to expedite the trial of eviction petition No. 80 of 2011 filed under Section 13 of the East Punjab Urban Rent Restriction Act.

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It is pleaded that the eviction petition has been filed and one of the ground for eviction is personal necessity. It has been further pleaded that this court in C.R. No. 302 of 2010 titled as, “ Sandeep Ghai vs. Neeraj Malhotra ” decided on 04.05.2010, issued direction to the Rent Controllers situated within the limits of Punjab, Haryana and Union Territory to decide

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C.R NO. 5611 OF 2011 (O&M)

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the eviction petitions filed on the ground of personal necessity or by specified landlord, within six months of the filing of same. It has been further submitted that the said prayer has been reiterated in C.R No. 4398 of 2011 titled as, “ Umesh Uppal vs. M/s Jindal Auto Distributors and others ” decided on 22.07.2011.

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The contention raised by learned counsel for the revisionist carries weight.

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This Court in C.R No.302 of 2010 has passed the following order in respect to the decision of rent petitions filed on the ground of personal necessity or by specified landlord :-

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“ Every petition based upon an averment of personal necessity or a petition filed by a specified landlord would be disposed of within six months of the filing thereof. For expeditious disposal, the Judicial Courts shall have to accord noticeable and compulsive priority to those cases.”

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Similar prayer was made in Umesh Uppal's case.

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The directions dated 04.05.2010 passed in C.R No.302 of 2010 were ordered to be sent to all the District and Sessions

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Judges in the States of Punjab, Haryana and Union Territory for compliance. The eviction petition, according to the petitioner, was filed in the year 2009 and the said directions were passed in the year 2010.

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So, in these circumstances, the Rent Controller, Jalandhar is directed to adhere to the directions given in C.R

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C.R NO. 5611 OF 2011 (O&M)

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No.302 of 2010 referred to above. The next date before the Rent Controller is stated to be 22.09.2011. The Rent Controller shall decide the eviction petition within six months from that date. Any non-compliance of the order would be seriously viewed.

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The petition stands disposed of accordingly.

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The order be conveyed to the concerned Court, for strict compliance.

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SEPTEMBER 15, 2011 shalini

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(K. C. PURI) JUDGE

Joginder Kaur v. Chaitanya Kochar

Case brief

What is this about?

What did the court decide?

Joginder Kaur v. Chaitanya Kochar

Case brief

What is this about?

What did the court decide?

What the court decided

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