ISHWAR CHANDER LATKA Vs. RAM CHANDER

JUDGEMENT

(1.) THE short question of law for decision in this case is whether a case pending before one Rent Controller can be transferred to another Rent Controller in the same district.

(2.) THE Petitioner in this case filed an application before the learned Rent Controller, Kaithal, for the eviction of the Respondent from a house situate in Kaithal. During the pendency of this case, the Petitioner has moved this Court for its transfer to some other district. His allegations, which have been pressed before me, are that the Petitioner had filed 52 separate suits, besides the present application for eviction, in the Court of this Rent Controller, who is also exercising the powers of a Subordinate Judge at Kaithal; that the Petitioner had incurred the displeasure of Shri Ved Parkash Aggarwal, the predecessor of this Rent Controller, and had made a complaint against him to the Chief Justice and Mr. Justice Tek Chand and due to this fact the Rent Controller said in open Court that he would teach the Petitioner a lesson for making complaints against the officers of the district, particularly, his predecessor, Shri Ved Parkash Aggarwal; that thereupon the Petitioner sought an interview with the Chief Justice at Delhi and brought to his notice the partisan -type attitude of the Rent Controller and later on he also submitted a written complaint making serious allegations of partiality, etc., against the Rent Controller; that, while acting as a Subordinate Judge, the Rent Controller dismissed 49 suits of the Petitioner on a technical ground; and that due to all these circumstances the Petitioner had a reasonable apprehension that he would not get a fair and impartial trial in the Court of the Rent Controller, All these allegations have been made in an affidavit and in such circumstances it is desirable that the case should be tried by some other Rent Controller.

(3.) AFTER hearing the learned Counsel for the parties, I am of the view that the case can be transferred to the Rent Controller at Karnal. Sub -sections (b) and (j) of Section 2 of the East Punjab Urban Rent Restriction Act, 1949, are as under: