LAWS(P&H)-2012-1-898

SANDEEP GHAI Vs. NEERAJ MALHOTRA

Decided On January 27, 2012
Sandeep Ghai Appellant
V/S
Neeraj Malhotra Respondents

JUDGEMENT

(1.) The landlord has invoked the extra-ordinary jurisdiction of this Court under Article 227 of the Constitution of India for the issuance of a direction to the Appellate Authority, Ludhiana to decide the Rent Appeal titled as 'Neeraj Malhotra Vs. Sandeep Ghai' filed by the tenant against the order of ejectment dated 12.06.2010, expeditiously much-less in a time frame.

(2.) For the view I am taking, I do not deem it appropriate to issue notice to the respondent as it would unnecessarily delay the matter and the respondent is not going to be prejudiced in any manner.

(3.) In brief, the landlord filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 [for short "the Act"] for eviction of the tenant from property bearing No.46-K (Municipal No.B.XX.4725), Sarabha Nagar, Ludhiana, inter alia, on the grounds of non-payment of arrears of rent and personal necessity. The learned Rent Controller, vide his order dated 12.06.2010, allowed the eviction petition on the ground of personal necessity and directed the tenant to hand over its vacant possession to the landlord till 15.08.2010. Thereafter, two appeals are filed under Section 15 of the Act; one by the tenant against the order of eviction dated 12.06.2010 and the other by the landlord against the finding on the issue of non-payment of arrears of rent.