Dismissed

Daljit Chawla v. Subash Chander & Anr.

Punjab & Haryana HC16 Dec 2013CR/6568/2013

Case brief

AI extract

What is this about?

In a revision petition, the High Court of Chandigarh dismissed the plea challenging the grant of leave to contest to a tenant. The court found the petitioner's prayer for expeditious disposal of the tenant's eviction petition reasonable due to a two-year delay in the leave to contest

What did the court decide?

The revision is dismissed as withdrawn; the learned Rent Controller is directed to dispose of the eviction petition expeditiously.

Daljit Chawla Vs Subash Chander & Anr. — Landlord and Tenant | Punjab & Haryana HC (2013)

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Manoj Kumar #1# 2013.12.19 10:54I attest to the accuracy and integrity of this document High Court Chandigarh

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C.R. No.6568 of 2013 (O&M)

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

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HARYANA AT CHANDIGARH

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C.R. No.6568 of 2013 (O&M)

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Date of Decision: 16.12.2013

Daljit Chawla

.....Petitioner(s)

Versus

Subash Chander and Anr.

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....Respondent(s)

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CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

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Present: Mr. Sandeep Verma, Advocate, Advocate for the petitioner. JASWANT SINGH, J (ORAL)

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NRI-landlord is in revision aggrieved against the order dated 29.7.2013 (P.1) passed by the learned Rent Controller, Chandigarh whereby leave to contest to the respondent-tenant has been allowed.

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It is contended that the learned Rent Controller has erroneously allowed the leave to contest simply on the basis that the landlord has not disclosed in his eviction petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 regarding the proposed business which he intends to do, as it is well settled principles of law that the same is not required to be disclosed, however, at the time of arguments, in view of the issue as to whether a foreign passport holder would be covered under the definition of NRI being landlord is pending before the Hon'ble Supreme Court, learned counsel does not wish to press this issue since the same would unnecessary delay the matter. He, however, prays for disposal of the present revision with a direction to the learned Rent Controller for disposing

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C.R. No.6568 of 2013 (O&M) #2#

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of the tenant's eviction petition within a time frame.

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After hearing learned counsel for the petitioner-landlord, the oral prayer is considered reasonable and liable to be accepted, in view of the conceded fact that the eviction petition was filed on 4.2.2011 and the application for leave to contest had taken almost two years for a decision.

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Accordingly, present revision is dismissed as withdrawn and the learned Rent Controller, Chandigarh is directed to make all endeavors to dispose of the pending eviction petition in a expeditious manner.

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December 16, 2013 ( JASWANT SINGH ) manoj JUDGE

Daljit Chawla v. Subash Chander & Anr.

Case brief

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Daljit Chawla v. Subash Chander & Anr.

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