Subash Chand Vs Kamlesh Verma

Th e present civil revision petition h as been filed under Article 22 7 of the Constitutio n of India for setting aside the o r der dated 16.10.2025 passed by the learned Rent C ontroller, S.A.S. Nagar (Mo h ali), whereby the defence of the petitioner-tenan t was struck off in Rent Petition No. 60 of 2024, titled “Kam l esh Verma Vs. Sub a sh Chand”.

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Th e short question involved in the present revision petition is whe t her the learned R e nt Controller was justified i n striking off the defence of the petitioner with o ut first deciding the applicati o n filed by him seeking suppl y of copy of the r e nt petition and the document s annexed therewith, which w ere essential for f i ling an effective and meanin g ful written statement. Since the controversy lie s in a narrow compass and arises purely from the record, no no t ice is required to b e issued to the respondent and t h e present revision petition is b e ing decided at this s tage itself.

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TRIPTI SAINI 2025.12.23 15:25 I attest to the accuracy and integrity of this document

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CR-9531-2025 (O&M) - 2 -

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A p erusal of the impugned order a nd the material available on re c ord reveals that aft e r entering appearance, the pe t itioner had specifically move d an application see k ing supply of copy of the ren t petition and the documents re l ied upon by the r e spondent-landlord. The petiti o ner had pleaded that without the pleadings and a nnexures, he was not in a pos i tion to understand the case se t up against him or t o file an effective written state m ent. It is evident from the re c ord that the said ap p lication remained undecided and the copies of the rent petition and documents wer e not supplied to the petitioner . Despite this position, the lear n ed Rent Controller proceeded to strike off the def e nce of the petitioner on the gro u nd of non-filing of written statement.

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Str i king off the defence is a dr a stic consequence and affects the valuable right o f a party to contest the procee d ings. Such power is required t o be exercised spari n gly and only where the default is deliberate and contumacious. In the present cas e , the petitioner had already app r oached the Court seeking suppl y of essential pleadi n gs and documents, and until su c h material was made available, the obligation to fil e a written statement could not b e enforced against him. The fai l ure to first decide t he application seeking supply of documents and the subseq u ent striking off of d e fence reflects a mechanical ex e rcise of jurisdiction. 5. Th i s Court is of the considered v i ew that the impugned order d a ted 16.10.2025 has been passed without proper a p plication of mind to the facts a nd circumstances o f the case and has caused seri o us prejudice to the petitioner. T he order, therefor e , suffers from material irregu l arity and warrants interferenc e in exercise of sup e rvisory jurisdiction under Artic l e 227 of the Constitution of Ind i a. 6. Ac c ordingly, the present civil r evision petition is allowed. T he TRIPTI SAINIimpugned orde r dated 16.10.2025 passed by t h e learned Rent Controller, S. A .S. 2025.12.23 15:25 I attest to the accuracy and integrity of this document

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CR-9531-2025 (O&M) - 3 -

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Nagar (Mohali), striking off the defence of the petitioner, is hereby set aside. T he petitioner-tenan t is granted one effective oppo r tunity to file his written state m ent within a period of fifteen days from the date of receipt of a certified copy of t his order, subject t o payment of costs of Rs.5,000/- to the respondent-landlord. In c ase of failure to c o mply with the above conditio n within the stipulated period, the learned Rent C o ntroller shall be at liberty to pr o ceed in accordance with law.

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Pe n ding application(s), if any, also stand disposed of.

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December 23, 2025 (MANDEEP PANNU) tripti JUDGE Wheth e r speaking/non-speaking : Spea k ing Wheth e r reportable : Yes/ N o

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TRIPTI SAINI 2025.12.23 15:25 I attest to the accuracy and integrity of this document

Subash Chand v. Kamlesh Verma

Case brief

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Subash Chand v. Kamlesh Verma

Case brief

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