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2024 DIGILAW 84 (PNJ)

Parneet Singh Sohi v. Harpreet Singh

2024-01-09

VIKAS SURI

body2024
JUDGMENT Vikas Suri, J. CM-23349-CII-2023 This is an application under section 151 CPC for exemption from filing certified/true typed copy of Annexures P-1 to P-5. For the reasons mentioned in the application, same is allowed. Annexures P-1 to P-5 are taken on record, subject to all just exceptions. CM stands disposed of. CR-7728-2023 This petition has been filed under Article 227 of the Constitution of India read with Section 15(5) of the Punjab Urban Rent Restriction Act (as applicable to Chandigarh) (for short 'the Act') for issuing necessary directions to the learned Rent Controller, Chandigarh, to pass eviction order in compliance of the provisions of Sections 13-B and 18-A of the Act (supra). 2. At the very outset, learned counsel for the petitioner confines his prayer in the present petition to seek a direction to the Rent Controller, Chandigarh, to decide the application seeking leave to defend, in accordance with law, in a time bound manner. 3. The pleaded facts of the case are that the petitioner is a Non- resident Indian and being specified landlord as such, had filed a petition under Section 13-B of the Punjab Urban Rent Restriction Act (as applicable to Chandigarh) for eviction of the respondent-tenant from his residential Flat No.1257/2, Sector 43-B, Chandigarh. Notice of the said petition was issued to the respondent-tenant for 15.07.2023. On the said date, respondent-tenant put in appearance through counsel, who had filed her Power of Attorney and sought time for filing reply and accordingly, at her request the case was adjourned to 04.08.2023. As the respondent-tenant had not filed any application for leave to defend within the stipulated period of 15 days from the date of service of summons or even after from the date of having caused appearance before the Rent Controller, the petitioner filed an application for passing eviction order in terms of the statutory provisions as well as the law laid down by the Apex Court in Om Parkash v. Ashwani Kumar Bassi, (2010) 9 SCC 183 and other judicial pronouncements of this Court. The respondent-tenant moved an application for supply of a copy of documents and annexures, and at his request, the proceedings were adjourned to 01.09.2023 for filing reply to the said application and for consideration on the application filed by the petitioner for passing the eviction order. The respondent-tenant moved an application for supply of a copy of documents and annexures, and at his request, the proceedings were adjourned to 01.09.2023 for filing reply to the said application and for consideration on the application filed by the petitioner for passing the eviction order. On the next date of hearing, respondent-tenant was represented by another lawyer who filed his Power of Attorney and an application seeking leave to defend along with another application seeking condonation of 31 days delay in filing the said application. The proceedings were thereafter adjourned to 06.10.2023 for consideration on the aforesaid applications and on the application for passing eviction order. On the next date of hearing, as the respondent-tenant had not advanced arguments on the application seeking leave to defend and the other seeking condonation of delay in filing the said application, the proceedings were again adjourned to 17.10.2023. On the said date of hearing, the proceedings were further adjourned to 15.11.2023 on the request of counsel for the respondent-tenant. On the adjourned date, respondent-tenant filed an application for rejection of the petition and on his request, proceedings were further adjourned to 12.12.2023. On the said date, the petitioner-landlord submitted his written arguments, which were taken on record. However, no arguments were advanced on behalf of the respondent-tenant on the application seeking condonation of delay of 31 days in filing the application for leave to defend or the other applications and the proceedings were deferred to 30.01.2024. In the aforesaid backdrop, the petitioner has approached this Court by way of the present petition. 4. Learned counsel for the petitioner contended that under the provisions of Section 13-B of the Act (supra), a right has been given to a Non-resident Indian owner of a building to obtain immediate possession of the residential building or scheduled building, when required for his/her use or for the use of anyone ordinarily living with and dependent on him or her. The said right has been limited to one application during the lifetime of the owner. Section 18-A(2) of the Act provides that after an application under Section 13-B is received, the Rent Controller shall issue summons for service on the tenant in the form specified in Schedule II. The said right has been limited to one application during the lifetime of the owner. Section 18-A(2) of the Act provides that after an application under Section 13-B is received, the Rent Controller shall issue summons for service on the tenant in the form specified in Schedule II. The said form categorically undertakes that within 15 days of service of summons, the tenant is required to appear before the Rent Controller and apply for leave to contest the application for eviction. There is no specific provision to vest the Rent Controller with the authority to extend the time specified for making of such affidavit and the application seeking leave to defend. The Rent Controller being a creature of statute can only act in terms of the powers vested in him by the statute and cannot, therefore, entertain an application under Section 5 of the Limitation Act for condonation of delay since the statute does not vest him with such power. It is further submitted that the special provisions under the Act are a complete code by themselves and the procedure prescribed under Section 18-A is required to be followed in letter and spirit. The said provisions have an overriding effect to any other law in force. Thus, no latitude was permissible to be extended to the respondent-tenant, as has been done in the present case. 5. Heard learned counsel for the petitioner and perused the pleadings and material available on record. 6. It would be apposite to refer to the relevant statutory provisions applicable in the case of Non-resident Indian owner seeking eviction under the special provisions contained in the Act. The said provisions read as thus: 13B. 5. Heard learned counsel for the petitioner and perused the pleadings and material available on record. 6. It would be apposite to refer to the relevant statutory provisions applicable in the case of Non-resident Indian owner seeking eviction under the special provisions contained in the Act. The said provisions read as thus: 13B. Right to recover immediate possession of residential building or scheduled building and/or non-residential building to accrue to Non-resident Indian.-(1) Where an owner is a Non-Resident Indian and returns to India and the residential building or scheduled building and/or non-residential building, as the case may be, let out by him or her, is required for his or her use, or for the use of any one ordinarily living with and dependent on him or her, he or she, may apply to the Controller for immediate possession of such building or buildings, as the case may be : Provided that a right to apply in respect of such a building under this Section, shall be available only after a period of five years from the date of becoming the owner of such a building and shall be available only once during the life time of such an owner. (2) Where the owner referred to in sub-section (1), has let out more than one residential building or scheduled building and/or non-residential building, it shall be open to him or her to make an application under that sub-section in respect of only one residential building or one scheduled building and/or one non-residential building, each chosen by him or her. (3) Where an owner recovers possession of a building under this Section, he or she shall not transfer it through sale or any other means or let it out before the expiry of a period of five years from the date of taking possession of the said building, failing which, the evicted tenant may apply to the Controller for an order directing that he shall be restored the possession of the said building and the Controller shall make an order accordingly. 18A. Special procedure for disposal of applications under Section 13-A or Section 13-B.- (1) Every application under section 13-A or section 13-B shall be dealt with in accordance with the procedure specified in this section. 18A. Special procedure for disposal of applications under Section 13-A or Section 13-B.- (1) Every application under section 13-A or section 13-B shall be dealt with in accordance with the procedure specified in this section. (2) After an application under section 13-A or section 13-B is received, the Controller shall issue summons for service on the tenant in the form specified in Schedule II. (3) (a) The summons issued under sub-section (2) shall be served on the tenant as far as may be in accordance with the provisions of Order V of the First Schedule to the Code of Civil Procedure, 1908. The Controller shall in addition direct that a copy of the summons be also simultaneously sent by registered post acknowledgement due addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and that another copy of the summons be affixed at some conspicuous part of the building in respect whereof the application under section 13-A or section 13-B has been made. (b) When an acknowledgement purporting to be signed by the tenant or his agent is received by the Controller or the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent has refused to take delivery of the registered article and an endorsement is made by a process server to the effect that a copy of the summons has been affixed as directed by the Controller on a conspicuous part of building and the Controller after such enquiry as he deems fit, is satisfied about the correctness of the endorsement, he may declare that there has been a valid service of the summons on the tenant. (4) The tenant on whom the service of summons has been declared to have been validly made under sub-section (3), shall have no right to contest the prayer for eviction from the residential building or scheduled building and/or non residential building, as the case may be, unless he files an affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the Controller as hereinafter provided, and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the specified landlord or, as the case may be, the widow, widower, child, grandchild or the widowed daughter-in-law of such specified landlord or the owner, who is non resident Indian in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction of the tenant. (5) The Controller may give to the tenant leave to contest the application if the affidavit filed by the tenant discloses such facts as would disentitle the specified landlord or, as the case may be, the widow, widower, child, grand-child or widowed daughter-in-law or the owner, who is non resident Indian] of such specified landlord from obtaining an order for the recovery of possession of the [residential building or scheduled building and/or non residential building, as the case may be, under section 13-A or section 13-B. (6) Where leave is granted to the tenant to contest the application, the Controller shall commence the hearing on a date not later than one month from the date on which the leave granted to the tenant to contest and shall hear the application from day-to-day till the hearing is concluded and application decided. (7) Notwithstanding anything contained in this Act, the Controller shall while holding an inquiry in a proceeding to which this section applies including the recording of evidence, follow the practice and procedure of a Court of Small Causes. (7) Notwithstanding anything contained in this Act, the Controller shall while holding an inquiry in a proceeding to which this section applies including the recording of evidence, follow the practice and procedure of a Court of Small Causes. (8) No appeal or second appeal shall lie against an order for the recovery of possession of any [residential building or scheduled building and/or non residential building] made by the Controller in accordance with the procedure specified in this Section : Provided that the High Court may, for the purpose of satisfying itself that an order made by the Controller under this section is according to law, call for the records of the case and pass such order in respect thereto as it thinks fit. (9) Save as otherwise provided in this section, the procedure for the disposal of an application for eviction under section 13-A or section 13-B shall be the same as the procedure for the disposal of applications by the Controller. 18B. Section 18-A to have over-riding effect.- Section 18-A or any rule made for the purpose thereof shall have effect notwithstanding anything inconsistent therewith contained elsewhere in this Act or in any other law for time being in force. Schedule II [See sub-section (2) of Section 18-A] Form of summons in a case where recovery of possession of residential building or scheduled and/or non-residential building is prayed for under section 13-A or section 13-B of the East Punjab Urban Rent Restriction Act, 1949. (Name, description and place of residence of the tenant) Whereas Shri................... has filed an application (a copy of which is annexed) for your eviction from.................. (here insert the particulars of the residential building or scheduled building) under section 13-A or section 13-B of the East Punjab Urban Rent Restriction Act, 1949. Now, therefore, you are hereby summoned to appear before the Controller within fifteen days of the service thereof and to obtain the leave of the Controller to contest the applicant for eviction under section 13-A or section 13-B of the said Act, in default whereof, the application will be entitled at any time after the expiry of the said period of fifteen days to obtain an order for your eviction from the said residential building or scheduled building and/or non-residential building. Leave to appear and contest the application may be obtained on an application to the Controller supported by an affidavit as is referred to in sub-section (5) of Section 18-A of the said Act. Given under my hand and seal this.................. day of........ 19.... Controller. 7. Keeping in view the statutory provisions, submissions noticed above as well as the totality of circumstances and the settled law, but without commenting or observing anything on the merits, the present petition is disposed of with a direction to the learned Rent Controller, Chandigarh, to dispose of the pending applications as per law, expeditiously and in any case, not later than a month from the date already fixed before it, i.e. 30.01.2024. Needless to observe that the main petition under Section 13-B of the Act would also be dealt with, in accordance with law, in a timely manner. 8. The present petition is disposed of in the aforesaid terms.