JAGMEET SINGH Vs. R.C. KHOSLA

JUDGEMENT

(1.) Challenge in the present revision petition, filed by the petitioner-tenant, is to the order dtd. 19/7/2023 passed by learned Additional District Judge, Jalandhar, exercising the power of Appellate Authority under The Punjab Rent Act, 1995 (for short, 'the Act'), confirming and upholding the findings of learned Rent Controller, Jalandhar dtd. 21/7/2022 passing the eviction order against the petitioner due to non-filing of affidavit/application for leave to contest within the period of limitation.

(2.) Relevant facts for the adjudication of the present revision petition are that respondents- landlords filed an eviction petition bearing No.82 of 2022 on 30/3/2022 under Ss. 20 and 24 of the Act (Annexure P-6) for ejectment of the petitioner from the demised premises on the grounds of i) non- payment of rent and ii) personal necessity of the premises by the respondent No.1-Dr.R.C.Khosla, aged 82 years, a senior citizen.

(3.) After hearing both the sides and examining the records, learned Rent Controller noted that the petitioner was duly served through registered cover and AD in the present rent petition on 04. 04.2022 and appeared in the Court for the first time on 7/4/2022. Thereafter on 25/4/2022, the petitioner (respondent before the learned Rent Controller) was proceeded against ex parte and again joined the proceedings on the same day at about 4:30 pm through his counsel by filing memo of appearance. The learned Rent Controller further observed that petitioner filed a leave to defend the petition after lapse of 30 days from the date of his first appearance in the petition, and further noting that there is no provision under the law to extend the time for filing leave to defend. Consequently, learned Rent Controller passed an order of eviction, assessed the rent for the period from March 2018 till 31/7/2022 at the rate of Rs.20,000.00 per month and interest thereon, and directed the petitioner to hand over the vacant possession of demise premises within two months to the respondents-landlords (petitioners before the learned Rent Controller).