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2010 DIGILAW 460 (PNJ)

Sandeep Ghai v. Neeraj Malhotra

2010-01-19

S.D.ANAND

body2010
Judgment S.D.Anand, J. 1. Learned counsel for the petitioner states that he would be content and interests of justice would be served if an order for time bound disposal of the matter is granted by this Court. 2. In that context, it is pointed out that though this petition has been pending since 2008 and the foundational premise of the plea for ejectment is personal necessity, even the provisional rent has not been assessed by the learned Rent Controller till date. In that case, ex-parte proceedings had been initially ordered against the respondent but the proceedings were set aside later on as the petitioner did not oppose it, with a view to expedite the trial. 3. The petition is disposed of in limine with a direction to the learned Rent Controller to dispose of the main petition itself within a period of six months from the next date of hearing i.e. 28.01.2010. 4. This Court has come across a number of instances wherein ejectment petitions based upon a plea of personal necessity have been pending before the Rent Controllers for inordinately long time. 5. The long pendency of matters of the indicated category, and also other priority categories, defeats the very purpose of rent legislation. For enabling this Court to grant appropriate directions to the Rent Controllers, it is directed that the Rent Controllers in the States of Punjab, Haryana and the Union Territory of Chandigarh, shall furnish information about the following categories of cases :- 1. Petitions in which a plea for ejectment has been raised for personal necessity; 2. Petitions in which ejectment has been applied for in terms of the provisions of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (and the corresponding provision of the Haryana Urban (Control of Rent and Eviction) Act, 1973); 3. Petitions in which ejectment has been applied for in terms of the provisions of Section 13(3)(a) of the East Punjab Urban Rent Restriction Act, 1949 (and the corresponding provision of the Haryana Urban (Control of Rent and Eviction) Act, 1973). 6. The information to be furnished shall include the date of the institution and the present status of the trial. 7. On receipt of the information within a fortnight from today, it shall be put up before the undersigned for appropriate directions. 8. 6. The information to be furnished shall include the date of the institution and the present status of the trial. 7. On receipt of the information within a fortnight from today, it shall be put up before the undersigned for appropriate directions. 8. The acknowledgment (of a copy of this order), issued by all the concerned Judicial Officers, shall be forwarded to the Registry of this Court. District Judge shall himself maintain a tab to ensure that the information is forwarding to the Registry of this Court by afore-mentioned period.