High Court Punjab-Haryana High Court

Tarlok Singh vs Rana Manoranjan Singh Aujla on 21 November, 2008

Punjab-Haryana High Court
Tarlok Singh vs Rana Manoranjan Singh Aujla on 21 November, 2008
Civil Revision No. 2626 of 2007                                      1




      In the High Court of Punjab and Haryana, at Chandigarh.


                   Civil Revision No. 2626 of 2007

                    Date of Decision: 21.11.2008


Tarlok Singh
                                                             ...Petitioner
                                Versus
Rana Manoranjan Singh Aujla
                                                          ... Respondent


CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA.


Present: Mr. Subhash Ahuja, Advocate
         for the petitioner.

         Mr. Ashok Pruthi, Advocate
         for the respondent.


Kanwaljit Singh Ahluwalia, J. (Oral)

In the present case, landlord Rana Manoranjan Singh Aujla

had filed an eviction petition against the tenant Tarlok Singh on the

ground that under Section 13B of the East Punjab Urban Rent

Restriction Act, 1949 (hereinafter referred to as “the Act”) being Non

Resident Indian and owner of the property, he is entitled for eviction of

the tenant on the ground of personal necessity.

Tenant appeared and filed reply seeking leave to defend.

A vital question was raised that the property has not been let

out by the landlord. A reference has been made by Mr. Subhash Ahuja,

Advocate, appearing on behalf of the petitioner-tenant, to Section 13-B

of the Act and he has emphasized that the words “let out by him or her”
Civil Revision No. 2626 of 2007 2

in Section 13-B of the Act assume importance and it has to be proved by

the landlord that the building was let out by him. He has further stated

that family members of Rana Manoranjan Singh Aujla had sold the

property situated at Kapurthala and this conduct in itself is sufficient to

infer that the premises are not required for personal necessity.

Mr. Ahuja stated that all these averments may require

evidence to be led and, therefore, summarily mechanism under Section

13B of the Act have not been invoked rightly.

I have heard Mr. Ashok Pruthi, Advocate, appearing for the

respondent.

Mr. Pruthi has stated that since the petitioner is a Non

Resident Indian and he has proved his passport, his need is bonafide.

These arguments are not available to the tenant. He has further stated

that the allegation that the respondent to the present petition and his

family members have sold the property is wrong.

Be as it may, in order to ensure fair play and balance the

equities, these are questions of fact involved which are only to be

decided by leading evidence, therefore, leave to defend is granted to the

petitioner.

At this stage, Mr. Pruthi has stated that provisions of Section

13B of the Act have been enacted and are beneficial in favour of

landlord, therefore, this Court should specify the time for conclusion of

the proceedings.

I find merit in this submission. Accordingly, learned Rent

Controller is directed to conclude the entire proceedings within six

months from the date of receipt of certified copy of this order by granting
Civil Revision No. 2626 of 2007 3

three opportunities each to the landlord and the tenant. They shall

conclude their entire evidence in three opportunities afforded and

thereafter the case will be decided.

Any observation made herein will not affect the final outcome

of the case.

(Kanwaljit Singh Ahluwalia)
Judge
November 21, 2008
“DK”