Partly allowed

Ashwani Kumar v. Kulwant Singh

Punjab & Haryana HC20 Dec 2021CR/3373/2021

Case brief

AI extract

What is this about?

Single judge allowed the tenant to place specific documents and photographs on record in an eviction suit under the Punjab Rent Act. The Civil Misc Application was disposed of with costs, mandating the petitioner to plant trees worth 10,000 rupees in the locality.

What did the court decide?

Documents allowed to be placed on record; Civil Misc Application allowed with costs of Rs. 10,000 to be expended on tree plantation.

Ashwani Kumar Vs Kulwant Singh — Landlord and Tenant | Punjab & Haryana HC (2021)

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121-A IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR-3373-2021 (O&M) CM-14326-CII-2021 Date of Decision: 20.12.2021

ASHWANI KUMAR

....Petitioner

Versus

KULWANT SINGH ….Respondent

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CORAM: HON’BLE MR. JUSTICE ARUN MONGA

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

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ARUN MONGA, J. (ORAL)

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CM-14326-CII-2021

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Civil Misc. Application is allowed, as prayed for. Annexures P-1 to P-6 are taken on record, subject to all just exceptions.

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Main case

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Present revision petition is to set aside the order dated 16.11.2021 (Annexure P-5) passed by learned trial Court, whereby, the application moved by the petitioner/tenant for placing on record certain documents has been dismissed.

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Learned counsel for the petitioner/tenant submits that the respondent filed an Ejectment Petition under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 and later on, by amending the same, it was converted into a petition under Section 24 of the Punjab Rent Act, 1995. The petitioner filed an application seeking leave to contest and before decision on the same, he moved an application to place on record certain documents i.e. the photographs of the constructed area, showing the portion which is lying vacant and has been concealed and also the site plan, MAHAVIR SINGH which were relevant for the adjudication of said application but the same 2022.01.05 17:19 I attest to the accuracy of this order.

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was dismissed by the learned trial Court vide impugned order dated 16.11.2021.

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I have heard learned counsel for the petitioner and gone through the case file.

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No notice is required to be issued as no prejudice would be caused to the respondent as the case is at a preliminary stage. In the interest of justice, one opportunity will be given to the petitioner to place on record the documents, failing which, the documents sought to be placed on record shall not be entertained.

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Disposed of with costs of Rs.10,000/- and the documents are allowed to be placed on record.

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By way of imposition of costs, the petitioner shall plant trees worth Rs.10,000/- of deciduous and perennial in nature, of any variety viz. Neem, Amla, Gulmohar and/or Alstonia, in the neighbourhood of his shop i.e. Gobind Nagar, Civil Lines, Ludhiana. Plantation shall be carried out under the supervision of the District Horticulture Department. In case, the petitioner defaults in doing so, liberty is granted to the Registry to place the matter before this Court to report non-compliance thereof. Proof of plantation to be furnished by the petitioner along with bill in the Registry of this Court, with supporting letter from the horticulture department, to be placed before this Court upon receipt thereof.

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December 20, 2021 (ARUN MONGA) gurpreet JUDGE Whether speaking/reasoned: Yes/No Whether reportable: Yes/No

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MAHAVIR SINGH 2022.01.05 17:19 I attest to the accuracy of this order.

Ashwani Kumar v. Kulwant Singh

Case brief

What is this about?

What did the court decide?

Ashwani Kumar v. Kulwant Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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