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BALBIR CHAND versus SOHAN SINGH

High Court of Punjab and Haryana, Chandigarh

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Balbir Chand v. Sohan Singh - CR-2784-2005 [2006] RD-P&H 556 (3 February 2006)

CR No. 2784 of 2005 (O&M) (1)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CR No. 2784 of 2005 (O&M)

Date of Decision: 17.2.2006

Balbir Chand ......Petitioner.

Versus

Sohan Singh .....Respondent.

Coram: Hon'ble Mr. Justice Hemant Gupta.

Present: Shri Sandeep Jain, Advocate,

for the petitioner.

Shri Vikas Behl, Advocate,

for the respondent-applicant.

JUDGMENT

The present revision petition is directed against the order passed by the learned Rent Controller, refusing to grant leave to contest the petition filed by the respondent herein under Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter to be referred as 'the Act').

During the pendency of the present revision petition against the said order, the respondent-landlord has moved C.M. No. 2734-CII of 2006 conceding that the tenant be granted leave to defend but the Rent Controller be directed to decide the petition under Section 13-B of the Act in a time bound manner.

In view of the stand of the respondent, the revision petition is allowed. The order passed by the learned Rent Controller on 8.4.2005 is set aside.

Parties through their counsel are directed to appear before the CR No. 2784 of 2005 (O&M) (2)

learned Rent Controller on 20.3.2006 for further proceedings in accordance with law, on which date the tenant shall file the written statement.

Thereafter, the learned Rent Controller shall proceed to decide the petition for eviction by granting three opportunities each to both the parties so as to decide the petition by the end of December, 2006. It is made clear that if on 20.3.2006, the written statement is not filed by the tenant, his defence shall be deemed to be struck off.

Civil Revision stands disposed of in the above terms.

Copy of the order be given Dasti on payment of usual charges.

17.2.2006 (Hemant Gupta)

ds Judge


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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