Punjab-Haryana High Court
Lt. Commodore Japjeet Singh Sandhu vs Krishan Lal on 16 October, 2008
Author: Kanwaljit Singh Ahluwalia
Bench: Kanwaljit Singh Ahluwalia
Civil Revision No. 5531 of 2008 1
In the High Court of Punjab and Haryana, at Chandigarh.
Civil Revision No. 5531 of 2008
Date of Decision: 16.10.2008
Lt. Commodore Japjeet Singh Sandhu
...Petitioner
Versus
Krishan Lal
...Respondent
CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.
Present: Mr. Sharan Sethi, Advocate
for the petitioner.
Kanwaljit Singh Ahluwalia, J. (Oral)
The present petition has been filed under Article 227 of the Constitution of India praying that since the petitioner is a specified landlord, undue delay has occurred in final adjudication of his petition as intentionally the respondent is prolonging the litigation.
Before the contention of the petitioner is appreciated, it will be apposite to narrate few facts. It has been stated in the application that the petitioner retired as Lt. Commodore from the Indian Naval Services on 5.7.2006. It has been further averred that the respondent-tenant has not tendered the rent since 1997 and he is a tenant from last 35 years at a monthly rent of Rs.100/- only. It has been further stated that the petitioner has closed his evidence on 28.4.2007 and more than one and Civil Revision No. 5531 of 2008 2 a half year has elapsed but respondent-tenant is not concluding his evidence. Various zimini orders have been reproduced in the petition to state that delay is caused due to conduct of the respondent-tenant. It has been further stated that the petitioner is a specified landlord and under Section 18A of the East Punjab Urban Rent Restriction Act, 1949, a mandate has been cast upon the Court to decide the application on day-to-day basis.
In the facts and circumstances of the case, the present petition is disposed off with the direction to learned Rent Controller, Chandigarh, to conclude the ejectment petition preferred by the petitioner within four months after the receipt of copy of the order.
(Kanwaljit Singh Ahluwalia) Judge October 16, 2008 "DK"