High Court of Punjab and Haryana, Chandigarh
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Darshan Singh v. Arun Deep Singh & Ors. - CR-2449-2005  RD-P&H 11083 (22 November 2006)
Civil Revision No. 2449 of 2005.
Date of Decision: November 17, 2006.
Darshan Singh ....Petitioner
Mr. Amit Rawal, Advocate
Arun Deep Singh & Ors.
Mr. Vikash Chatrath, Advocate
HON'BLE MR. JUSTICE SURYA KANT.
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporters or not?
3. Whether the judgment should be reported in the Digest? SURYA KANT,J.(ORAL)
This revision petition is directed against the order dated 15.3.2005 passed by the Rent Controller, Ludhiana whereby the petitioner- tenant's defence has been struck off on the ground that neither any reply was filed nor the rent was tendered.
Contending that the afore-stated order was passed by the Rent Controller behind his back after preponing the date of hearing in the eviction proceedings, this revision petition has been filed.
Notice of motion was issued and in response thereto, respondents have put in appearance.
At the out-set, learned counsel for the respondent-landlords has taken a fair stand that in view of the fact that the petitioner-tenant has already filed his written statement, he has no objection if the impugned order is set aside and the petitioner is directed to contest the eviction proceedings, subject to his payment of arrears of rent.
As regard to afore-stated stand taken by learned counsel for the respondent-landlords, it is contended by learned counsel for the petitioner- tenant that the respondents have claimed arrears of rent w.e.f. April, 2000 whereas, according to him, rent is payable w.e.f. 1.4.2004.
After hearing learned counsel for the parties and having regard to the fact that the impugned order passed by the learned Rent Controller is not founded upon correct facts, this revision petition is allowed. The impugned order dated 15.3.2005 vide which the petitioner's defence was struck off, is set aside, subject, however, to the following directions/conditions:-
i) the petitioner shall tender arrears of rent @ Rs.1700/- per month w.e.f. 1.4.2004 till 30.11.2006 within a period of one month ;
ii) the afore-stated arrears of rent shall be tendered by the petitioner without prejudice to his rights and the same shall be accepted by the respondents also without prejudice to their right in the ejectment petition; iii) if during the afore-stated period of one month or thereafter any application is moved by the respondent- landlords for fair assessment of the rent, the same shall be disposed of by the Rent Controller in accordance with law.
November 17, 2006. ( SURYA KANT )
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