Punjab-Haryana High Court
M/S Sita Ram Baij Nath And Another vs Colonel Laj Pat Rai on 25 April, 2023
Author: Arun Monga
Bench: Arun Monga
Neutral Citation No:=2023:PHHC:059548
CR-528-2018 (O&M)
240 2023:PHHC:059548
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CR-528-2018 (O&M)
Date of decision: 25.04.2023
M/S SITA RAM BAIJ NATH AND ANOTHER ...Petitioners
VS
COLONEL LAJ PAT RAI ...Respondent
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present: Mr. Rajinder Goel, Advocate,
For the petitioners.
None for the respondent.
***
ARUN MONGA, J. (ORAL)
Revision petition is directed against impugned order dated 25.10.2017 (Annexure P-1) vide which application to allow the petitioner- tenants to contest the petition was dismissed and eviction petition filed under Section 13-A of the Haryana Urban (Control of Rent & Eviction) Amended Act, 1986 (for brevity, 'the Act'), was allowed. Petitioner-tenants were directed to handover the vacant possession of the demised premises to the respondent-landlord-retired Colonel Lajpat Rai.
2. While issuing notice of motion, a coordinate Bench at that time presided over by Mr. Surinder Gupta, J. had passed the following order dated 24.01.2018:
"Learned counsel for the petitioners submits that the application for leave to defend was filed on 17.7.2017 which is 15 days from the date Suresh Kumar-respondent no.2 (petitioner no.2 herein) was impleaded as party in the petition i.e. on 4.7.2017, still the Rent Controller has observed the application was filed beyond limitation.
Notice of motion for 2.4.2018.
In the meanwhile, the impugned order of ejectment shall not be executed, till the next date, subject to the following terms:Page 1 of 2
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(i) Revision petitioner(s) shall deposit entire arrears of mesne profit and rent upto the date and mesne profits @ Rs.3000/- per month from the date of order passed by the Rent Controller till 31 January,2018, within four weeks.
(ii) He will file an affidavit within six weeks giving details of thepayment/deposit of rent/mesne profits, before the executing Court.
(iii) He will keep on paying the mesne profits, till further orders, onor before 7th day of each subsequent month.
Default of compliance of any of the above terms will allow therespondent(s) to seek the execution of order of ejectment forthwith."
3. On earlier dates, the respondent had been appearing through counsel. Today none appears for him which deemingly suggests that respondent has no objection to the revision petition being allowed and petitioners being permitted to contest the petition before learned Rent Controller.
4. In the premise, the aforesaid interim order ibid is made absolute during pendency of the proceedings before learned Rent Controller and petitioners are permitted to defend by filing their response to the rent petition subject to the compliance of the interim directions, as above. Impugned ejectment order is set aside with direction to the learned Rent Controller to proceed on merits, in accordance with law.
5. Disposed of.
6. Pending application(s), if any, shall also stand disposed of.
(ARUN MONGA)
JUDGE
25.04.2023
vandana
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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