MANJEET SINGH Vs. MANVEER PAL SINGH GILL

JUDGEMENT

(1.) The present petition has been filed under Article 227 of the Constitution of India impugning the orders dtd. 3/3/2020 (Annexure P-7) and 24/1/2022 (Annexure P-9) passed by the Rent Controller and the Appellate Authority, respectively whereby eviction of the tenant-petitioner from the premises in dispute has been ordered.

(2.) Learned counsel for the tenant-petitioner would contend that as per Sec. 38(4) of the Rent Act, it has mandatorily been laid down that the summons shall be issued as specified in Schedule III of the Rent Act. It is further the contention of learned counsel for the tenant-petitioner that the summons were not issued in the correct form and the summons that were issued only stated that tenant-petitioner was to put in appearance and file the written statement on 19/5/2017, failing which he would be proceeded against ex parte. It is further the contention of learned counsel for the tenant-petitioner that as per the zimini orders from 19/5/2017 to 7/9/2017, it is very clear that the Rent Controller itself was treating the petition as under Sec. 20 of the Rent Act and not under Sec. 24 of the Rent Act.

(3.) Learned counsel for the tenant-petitioner has relied upon the judgments of this Court in the cases of Gursharan Singh Vs. Satpal [1991(2) RCR (Rent) 546], R.K. Sarin Vs. Baljit Kularia [2012(68) RCR (Civil) 228], Pran Nath Vs. Avtar Singh and Ors." [2008(10) RCR (Civil) 955] and Vivek Jain Vs. Surjit Kaur [CR No.493 of 2017 decided on 12/10/2018] to contend that once the summons were not issued in the prescribed format, the tenant-petitioner could not have been proceeded against and eviction ordered.