S. AMARJIT SINGH WALIA Vs. S. HARBANS SINGH

JUDGEMENT

(1.) THIS is landlord's petition filed under Section 18(A)(8) of the East Punjab Rent Restriction Act, 1949 (for brevity 'the Act') challenging the order dated 29.4.2003 passed by the Rent Controller, Amritsar. The Rent Controller has granted leave to defend by observing that the objection with regard to maintainability of the application for leave to defend and the objection with regard to limitation would be decided afterwards.

(2.) BRIEF facts of the case are that the landlord-petitioner filed an application under Section 13-A of the Act seeking ejectment of the tenant- respondent from the demised premises on 18.3.2002. Notice of the application was issued for 2.5.2002. According to the report submitted, the service was effected by affixation on 10.4.2002. However, the Rent Controller ordered fresh service for 1.6.2002. According to the report submitted to the Rent Controller, the tenant-respondent refused to accept notice on 21.5.2002. Thereafter, the Rent Controller directed service by muniadi and fixed the date of hearing as 9.8.2002. Muniadi was effected on 4.7.2002 and the application for leave to defend was filed on 9.8.2002 by the tenant-respondent which has allowed by the Rent Controller on 29.4.2003. The operative part of the order of the Rent Controller reads as under :

(3.) , Shri Pardeep Rajput, learned counsel for the tenant-respondent has pointed out that the Rent Controller was not satisfied with the service by affixation or service by refusal and had ordered service by muniadi by fixing the date of hearing on 9.8.2002 when the application for leave to defend was filed. Therefore, there is no delay and the period of 15 days provided by the Act has not expired on 9.8.2002.