Punjab-Haryana High Court
Prem Sagar Behl vs Yogesh Kumar And Others on 12 October, 2009
Author: Surya Kant
Bench: Surya Kant
CR No.6498 of 2007 -1-
HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
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CR No.6498 of 2007
Date of Decision: 12.10.2009
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Prem Sagar Behl . . . . Petitioner
VS.
Yogesh Kumar and others . . . . Respondents
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CORAM : HON'BLE MR.JUSTICE SURYA KANT
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Present: Mr. Mandeep S. Bedi, Sr. Advocate with
Ms.Mandeep Kaur, Advocate for the petitioner
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SURYA KANT J.(ORAL)
This revision petition is directed against the order dated 24.09.2007 passed by the Rent Controller, Gurdaspur, whereby, two ejectment petitions filed against the same tenant i.e. one by the petitioner and the other by his brother Mohan Lal, have been adjourned sine die to await the decision in the interpleader suit filed by the respondent-tenant.
It is not in dispute that the petitioner as well as his brother, have filed two separate ejectment petitions against the respondent- tenant, both claiming to be the rightful landlords. The respondent- tenant has also filed an interpleader suit to decide the title dispute between the petitioner and his brother. In these circumstances, the Rent Controller appears to be right in adjourning the ejectment petitions sine die to await the decision in the interpleader suit.
Learned counsel for the petitioner, however, urges that notwithstanding the time-bound direction given by the Rent Controller in CR No.6498 of 2007 -2- the impugned order itself for earlier disposal of the Civil suit, the petitioner's brother has not even started leading his evidence.
Having heard learned counsel for the petitioner, I am of the considered view that it would be in the interest of both the parties, if the interpleader suit is decided at the earliest.
Consequently, the Civil Court before whom the said suit is pending, is directed to expedite the disposal of the suit by ensuring that not more than 3-4 opportunities be granted to the parties to lead their respective evidence. The Civil Court shall make an endeavour to decide the Civil Suit as early as possible and preferably within one year.
Meanwhile, the petitioner will be at liberty to move an application before the Rent Controller, Gurdaspur in the eviction petition adjourned sine die, to issue appropriate direction to the tenant(s) to deposit the arrears of rent in the Treasury though not to be released in faovur of the petitioner or his brother so that the same can be disbursed in favour of the landlord after the title suit is decided by the Civil Court. Such an application, if named, shall be decided promptly as per law, notwithstanding the sine die adjournment of the eviction petition(s). However, the tenant shall be liable to deposit the arrears of rent, if so, directed only in one eviction application and without prejudice the rights of all the parties concerned.
Disposed of.
Dasti.
(SURYA KANT) JUDGE 12.10.2009 shonkar