JOGINDER SINGH Vs. HARDIAL MAHAJAN
LAWS(P&H)-1990-7-47
HIGH COURT OF PUNJAB AND HARYANA
Decided on July 08,1990

JOGINDER SINGH Appellant
VERSUS
Hardial Mahajan Respondents

JUDGEMENT

J.V.GUPTA,J - (1.) THIS petition is directed against the order of the Rent Controller dated 24th July, 1987, whereby in an ejectment application under section 13-A of the East Punjab Urban Rent Restriction Act (for short the 'Act') leave to contest has been allowed to the tenant-respondent.
(2.) IN the application for leave to contest is was pleaded on behalf of the respondent-tenant that the premises in question is not a residential building and, as such, is not covered under Section 13-A of the Act; that the petition is bad as the same has been filed for a portion of the premises and not the premises in full ; that the petitioner along with the other co-owners have got sufficient accommodation. The learned Rent Controller found that there are sufficient grounds for which permission to contest the application should be given. It is unfortunate that this petition has remained pending in this Court for the last three years. Otherwise by now, the ejectment application itself could be disposed of on merits. Since the objections raised in the application could be decided after leading the evidence, it could not be held that the leave was not granted for sufficient reasons. However, since the further proceedings were not stayed it may be presumed that the same must have been disposed of by now. Consequently, the petition fails and is dismissed. Petition dismissed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.