SECURITY DEFENCE SYSTEMS Vs. ABHISHEK GUPTA

JUDGEMENT

(1.) The present revision petition has been filed against the order dtd. 23/11/2022 (Annexure P-1) passed by learned Rent Controller, Chandigarh, whereby the defence of the petitioners was struck of.

(2.) The impugned order dtd. 23/11/2022 has been assailed by the petitioner claiming that he is tenant in the rear half portion of the property, which he had taken on rent in the year 1992 from one Mohinder Singh and have been paying rent regularly to him. The respondent had filed rent petition, Annexure P-2, and on receipt of notice the petitioner appeared and filed application under Sec. 10 of East Punjab Urban Rent Restriction Act (hereinafter referred to as 'Act') directing the respondent to open the common washroom of first floor of the SCO 63, Sector 46, Chandigarh and to allow him uninterrupted access to said common washroom. The reply to this application was filed by respondent landlord but the learned Rent Controller, Chandigarh did not hear the arguments on the said application.

(3.) It is contended by learned counsel for the petitioners that petitioners had filed application under Sec. 10 of the Act, wherein reply had also been received and under the presumption that the matter is pending for consideration of the application, he could not file the written statement on earlier dates and in the meanwhile the petitioner as well as his wife suffered COVID-19 in the month of August, 2022. He submitted that on 23/11/2022 the date fixed before the learned Rent Controller, Chandigarh, written statement could not be filed as certain documents have to be annexed which the petitioner could not bring it being the last opportunity, the learned Rent Controller had passed impugned order striking of defence vide Annexure P-1.