Punjab-Haryana High Court
Municipal Council Mansa vs Puneet Bansal And Anr on 8 December, 2014
Author: Surinder Gupta
Bench: Surinder Gupta
CM-11738-11739-C-2014 in/and
RSA-4978-2014 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH.
CM-11738-11739-C-2014 in/and
Regular Second Appeal No.4978 of 2014 (O&M)
Date of Decision: December 08, 2014.
Municipal Council, Mansa
..........APPELLANT(s).
VERSUS
Puneet Bansal and another
........RESPONDENT(s).
CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA
Present: Mr. Onkar Rai, Advocate for
Mr. Jagdeep S. Toor, Advocate
for the appellant (s).
*******
SURINDER GUPTA, J.
There is delay of 268 days in filing and 721 days in re-filing the present appeal.
Learned counsel for the applicant-appellant submits that counsel for the appellant asked the appellant to bring the relevant documents for filing appeal, which he could not procure in time and caused delay of 268 days in filing the appeal which was unintentional.
While explaining the delay in re-filing, learned counsel for the applicant-appellant has alleged that some objections were raised by the Registry and in removal of those objections, the delay took place.
I have also heard learned counsel for the appellant on merits of SACHIN MEHTA 2015.01.05 17:02 appeal and perused the paper book with his assistance. I attest to the accuracy and authenticity of this document Chandigarh CM-11738-11739-C-2014 in/and RSA-4978-2014 -2- Respondents Puneet Bansal and Dr. Satpal Bansal filed suit for recovery of `3,79,993 which included arrears of rent from 01.05.2005 to 31.07.2006 and `24,265 as interest @ 12% per annum till 31.10.2006.
The case of the respondents-plaintiffs, in brief, was that appellant-defendant took on rent a building of the respondents-plaintiffs on 31.12.2001 for which rent was assessed @ `18,600 per month. The rent from 01.01.2002 to 30.04.2002 was paid through cheque. The appellant- defendant failed to pay the rent from 01.05.2005 till 31.07.2006 and vacated the building on 31.07.2006 as per the order passed by Rent Controller, Mansa. The due rent with interest was not paid despite several requests and notice under Section 49 of Punjab Municipal Act, leading to filing of the instant suit.
The appellant-defendant contested the claim of the respondents- plaintiffs on the ground that the building was vacated on 09.06.2006. Respondents-plaintiffs were not owners of the demised premises, as such, are not entitled to claim the rent.
The suit of the plaintiffs was decreed by the Court of learned Additional Civil Judge (Senior Division), Mansa for recovery of `3,55,728 with costs, pendente lite interest @ 12% per annum and future interest @ 6% per annum. The appeal filed by the appellant was dismissed by learned District Judge, Mansa.
Learned counsel for the appellant has argued that the Courts below have relied upon the rent agreement (Ex.P1), which was not got registered, as such, was not admissible in evidence. The first Appellate SACHIN MEHTA 2015.01.05 17:02 I attest to the accuracy and authenticity of this document Chandigarh CM-11738-11739-C-2014 in/and RSA-4978-2014 -3- Court in para 17 of the judgment has dealt with this plea of the appellant and observed as follows:-
"17. With regard to the registration of the rent agreement Ex.P-1, although it is correct that there a Clause
(ix) of Section 17 of the Registration Act, 1908, for registration of this agreement, but it is alleged by the respondent-plaintiffs that despite their repeated requests appellant-defendant did not come forward for registration of this agreement because they were to contribute 50% of the charges for registration of the agreement. Moreover, this agreement has been relied upon by the Rent Controller, Mansa and after relying upon this agreement, the Rent Controller, Mansa has rightly passed the order for the eviction of the appellant-defendant on the ground of non-
payment of rent. Further, as per the Registration Act, 1908, Rent Note or Lease Agreement requires registration but even then an unregistered rent agreement can be looked into with regard to the relationship of the parties and the rate of rent. So, the plea of the learned counsel for the appellant-defendant that this rent note has been taken into consideration by the trial Court, is unwarranted and without any merit."
The rate of rent settled between the parties and the period for which the rent was due, were not disputed during the course of arguments. Rent agreement (Ex.P1) was relied upon by respondents-plaintiffs before the Rent Controller only to prove the terms of tenancy, which could, even otherwise, be oral as well when the rate of rent and period for which rent was due is not disputed, argument of learned counsel for the appellant that the rent agreement was not registered, has no merits. SACHIN MEHTA 2015.01.05 17:02 I attest to the accuracy and authenticity of this document Chandigarh CM-11738-11739-C-2014 in/and RSA-4978-2014 -4- The appellant is a public authority and it is quite unfortunate that instead of settling the claim of an individual with regard to the property let out to appellant, it has chosen to come up in this appeal on flimsy and technical grounds. The public money has been wasted in the shape of court fee, expenses involved in filing this appeal as well as future interest to be paid to the respondents-plaintiffs. It is quite unfortunate that the holders of the public office have such a casual approach that instead of paying the undisputed claim, they keep on lingering the matter by filing appeals.
There is no merit in this appeal as well as in the applications for condonation of delay in filing and re-filing the appeal. As such, no ground is made out for condonation of delay. The applications for condonation of delay in filing and re-filing the appeal as well as the main appeal are dismissed.
Copy of this judgment be sent to the Principle Secretary to Government of Punjab, Department of Local Bodies, to look into the matter and take further appropriate action as required.
( SURINDER GUPTA ) December 08, 2014. JUDGE Sachin M. SACHIN MEHTA 2015.01.05 17:02 I attest to the accuracy and authenticity of this document Chandigarh