COL. H.S. DHILLON Vs. AKHILESH KUMAR SINHA

JUDGEMENT

(1.) The petitioner/landlord is impugning the judgment and order dtd. 6/5/2015 passed by the Appellate Authority, Chandigarh vide which it reversed the findings of the Rent Controller in a petition filed under Sec. 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as, 'the Act').

(2.) Before proceeding further, it would be relevant to point out that the present rent petition was instituted before the Rent Controller on 27/10/1997, however, the same was dismissed as withdrawn on 3/12/2002 in view of the notification dtd. 7/11/2002 vide which the Act was made inapplicable to UT, Chandigarh. The said notification was later set aside by the Hon'ble Supreme Court vide order dtd. 7/11/2006 passed in CA-4688-2006 titled as 'Vasu Dev vs. Union of India'. On 11/12/2006 an application for restoration of the present rent petition was moved by the petitioner, however, since the tenant was allegedly evading service in the restoration application, a fresh petition under Sec. 13 (second petition) of the Act was filed wherein it was specified in para No.5 that if the respondent appears in the restoration application, the second petition would be withdrawn, else the second petition would be pursued. Subsequently on 28/8/2009, the respondent put in an appearance in the restoration application of the first rent petition and accordingly the same was restored to its original number vide order dtd. 22/10/2009 and the second rent petition was dismissed as withdrawn. Hence, this revision petition emanates from the first rent petition filed by the petitioner/landlord.

(3.) The parties to the lis hereinafter shall be referred to by their original positions in the suit.