NEERAJ MALHOTRA Vs. JASWANT SINGH

JUDGEMENT

(1.) Prayer in this petition is for setting-aside the order dtd. 18/4/2022 passed by the Lower Appellate Court vide which the order dtd. 25/8/2021 passed by the Rent Controller, U.T., Chandigarh, allowing the application filed by the petitioner under Order 7 Rule 11 CPC, was allowed.

(2.) Brief facts of the case are that the respondent/landlord filed an eviction petition under Sec. 13 of the Punjab Urban Rent Restriction Act, 1949 (as amended upto date) (hereinafter referred to as 'the Act of 1949'), for eviction of the petitioner from the tenanted premises/house on the ground of non-payment of rent, change of user as well as personal necessity. The said rent petition was filed in the year 2018. The petitioner/tenant appeared and filed an application under Order 7 Rule 11(d) CPC for rejection of the petition on the ground that the petition is filed under the provisions of Sec. 13 of the Act of 1949, stands repealed and Sec. 75 of the Punjab Rent Act, 1995 (in short 'the Act of 1995') provides that on commencement of the Act of 1995, the East Punjab Urban Rent Restriction Act, 1949 (Act No.3 of 1949), stands repealed. It is further provided that under Sub-Sec. (1) of the East Punjab Urban Rent Restriction Act, 1949, all cases and other proceedings in respect of the premises other than owned by a nonresident India, let out prior to the commencement of this Act shall be governed and disposed of in accordance with the provisions of the Act so repealed.

(3.) It was, thus, submitted by the petitioner/tenant that since the rent petition is filed under the repealed Act, the plaint is liable to be rejected.