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2015 DIGILAW 94 (SC)

Mandeep Singh v. Imperial Gardens Pvt. Ltd.

2015-01-19

MADAN B.LOKUR, UDAY UMESH LALIT

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ORDER : The matter has been called out twice but no one is present on behalf of the respondents. 2. We may also record that on the last date of hearing i.e. 12.01.2015, the matter was called out twice but no one was present on behalf of the respondents. Leave granted. 3. By the impugned order dated 21.01.2014, the High Court granted two months' time to the respondent to deposit the arrears of rent in terms of order dated 23.09.2013 passed by the Rent Controller, Dera Bassi. 4. It is submitted by learned counsel for the appellants that in terms of Section 13(2)(i) of East Punjab Urban Rent Restriction Act, 1949, the tenant has to deposit the arrears of rent on the first hearing of the application for ejectment after due service. 5. In the present case, provisional rent was fixed by the Rent Controller on 23.09.2013. According to learned counsel for the appellants, it was decided in Rakesh Wadhawan & Ors. v. Jagdama Industrial Corporation & Ors., (2002) 5 SCC 440 that in the event provisional rent is determined, the Rent Controller will have to fix the first date of hearing on which the arrears of rent are required to be deposited by the tenant, failing which an eviction order is liable to be passed. 6. Insofar as the present case is concerned, the respondent has not deposited provisional rent right from 23.09.2013 when it was fixed by the Rent Controller. More than a year has gone by and several hearings have taken place even in this Court but it appears that the respondent has decided not to effectively respond to the notice issued by this Court or to deposit the arrears of rent. 7. On 08.12.2014, we acceded to the request of learned counsel for the respondents for an adjournment but directed the respondent to deposit an amount of Rs. 10 lacs before the Rent Controller, Dera Bassi, District Mohali. Learned counsel for the appellants informs us that the amount has not yet been deposited. 8. Under the circumstances, the order dated 21.01.2014 passed by the High Court of Punjab and Haryana in Civil Revision No. 53 of 2014 is set aside and the order of eviction is passed against the respondent. The appeal stands allowed in terms of the above.