Dismissed¶21

Swaran Singh Jandu v. Mandeep Kaur Alias Paramjit Kaur through Attorney

Punjab & Haryana HC11 Aug 2025CR/46/2022

Case brief

AI extract

What is this about?

Punjab Rent Act 1995 Section 5; legal representatives of deceased tenant; commercial property tenancy; impleadment of LRs Order XXII Rule 3(1) and Section 151 CPC; death of party during pendency; Article 227 revision before High Court; leave to contest / leave to defend; eviction order by Appellate Authority and Rent Controller, Jalandhar; revision dismissed as withdrawn; CR-46-2022; no merits adjudication; maintainability of impleadment application contested but unreasoned.

What did the court decide?

Permission to withdraw the revision petition; no other relief granted. ¶21

Swaran Singh Jandu Vs Mandeep Kaur Alias… — Writ and Judicial Review | Punjab & Haryana HC (2025)

What the court decided

AI extract

Outcome

Permission to withdraw the revision petition; no other relief granted.

¶21

Issue for consideration

Whether the civil miscellaneous application for impleading the legal representatives of the deceased petitioner-tenant under Order XXII Rule 3(1)/S.151 CPC is maintainable, in view of the respondent's contention that Section 5 of the Punjab Rent Act, 1995 confers no right or interest on legal representatives in commercial property. +1 more

¶11

Court's answer

CM-12826-CII-2025, the application for impleading the legal representatives of the deceased petitioner-tenant, stands dismissed; the Court recorded the respondent's Section 5 Punjab Rent Act objection but assigned no reasons of its own.

¶12

Ratio / Principle

In view of the dismissal of the impleadment application, learned counsel for the petitioner prayed for withdrawal of the revision petition; the prayer was allowed and the petition dismissed as withdrawn.

¶19

Detailed headnote1 paragraphs

Punjab & Haryana High Court (Nidhi Gupta, J., oral), 11.08.2025 - The tenant-petitioner Swaran Singh Jandu died during the pendency of revision CR-46-2022 on 19.02.2025. His counsel sought impleading of the legal representatives and amendment of the memo of parties by CM-12826-CII-2025 under Order XXII Rule 3(1) read with Section 151 CPC. The respondent-landlord objected that under Section 5 of the Punjab Rent Act, 1995, legal representatives of a tenant have no right or interest in commercial property. The Court dismissed the application without recording reasons ('CM stands dismissed'). Thereupon counsel withdrew the revision petition, which challenged under Article 227 the Appellate Authority, Jalandhar's order dated 28.11.2019 (P-3) reversing the Rent Controller's order dated 30.03.2019 granting leave to contest and ordering eviction while dismissing the leave-to-defend application. The revision was 'Dismissed as withdrawn'. No adjudication on merits and no ratio on the Section 5 question emerges; the speaking/reportable columns are left unmarked.

¶1

120+247 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

¶2

CM-12826-CII-2025 in/and CR-46-2022 Date of Decision:11.08.2025

¶3

SWARAN SINGH JANDU (SINCE DECEASED) THRU LRS

¶4

...Petitioner Vs. MANDEEP KAUR @ PARAMJIT KAUR ...Respondent

¶5

CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA

¶6

Present: Mr. Vivek Thakur, Advocate for the petitioner-tenant.

¶7

Mr. Pardeep Virk, Advocate with Ms. Gurneet Sagoo, Advocate for the respondent-landlord.

¶8

NIDHI GUPTA, J. (Oral)

¶9

CM-12826-CII-2025

¶10

The present application has been filed under Order XXII Rule 3(1) read with Section 151 of the Civil Procedure Code for impleading the legal representatives of petitioner-Swaran Singh Jandu who expired during the pendency of the instant revision petition on 19.02.2025 and to place on record the amended memo of parties.

¶11

On the last date of hearing, counsel for the respondent submits that as per Section 5 of the Punjab Rent Act, 1995, legal representativesof the tenanat would have no right or interest in any commercial property and in view of this, the present application is not maintainable in terms of Section 5 of the Act.

¶12

CM stands dismissed.

¶13

CR-46-2022

¶14

The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the Impugned Order dated 28.11.2019 (P-3) passed by the Ld. Appellate Authority, Jalandhar whereby the order dated 30.03.2019 passed by the Ld. Rent Controller, Jalandhar for granting of leave to contest, has been reversed and the eviction of the

¶15

KUMUD VERMA 2025.08.19 16:26 I attest to the accuracy and integrity of this document Chandigarh

¶16

CR-46-2022

¶17

-2-

¶18

petitioner has been ordered while dismissing the application filed by the petitioner for leave to defend under the Punjab Rent Act 1995.

¶19

In view of the order passed in the above said application, after arguing for some time, learned counsel for the petitioner prays for withdrawal of the present petition.

¶20

Allowed as prayed for.

¶21

Dismissed as withdrawn.

¶22

(NIDHI GUPTA) JUDGE

¶23

11.08.2025 kv

¶24

Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

¶25

KUMUD VERMA 2025.08.19 16:26 I attest to the accuracy and integrity of this document Chandigarh

Swaran Singh Jandu v. Mandeep Kaur Alias Paramjit Kaur through Attorney

Case brief

What is this about?

What did the court decide?

Swaran Singh Jandu v. Mandeep Kaur Alias Paramjit Kaur through Attorney

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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