GURMINDER KAUR Vs. SUNIL KUMAR GUPTA

JUDGEMENT

(1.) (Oral) - Petitioner - landlady is aggrieved of the impugned orders Annexures P-15, P-16, P-17, P-18 and P-19, whereby, the following occasions have arose:-

(2.) Mr. Sanjeev Sharma, learned counsel appearing on behalf of the petitioner-landlady submits that prior to the present round of litigation, under compelling circumstances as the respondent-tenant had stopped paying the arrears of rent w.e.f. 01.11.2010, eviction petition was filed for claiming the arrears on the premise that in the year 2006, an eviction petition on the ground of personal necessity was instituted including the ground of non-payment of rent.

(3.) During the aforementioned proceedings, the tenant paid the arrears of rent but thereafter, as noticed above, stopped paying the same. In the main eviction petition, the petitioner-landlady had already concluded evidence but the respondent's witnesses are not appearing for cross examination. He further submits that the present eviction petition was filed on 23.05.2014 and tenant intentionally and wilfully was proceeded against ex parte on 18.03.2015 and ultimately, on an application moved, the ex parte proceedings were set aside and the matter was listed for filing the written statement on 03.11.2015 and finally on 06.01.2016, the trial Court in pursuance to the ratio decidendi culled out by the Honourable Supreme Court in Rakesh Wadhawan Vs. M/s Jagdamba Industrial Corporation, 2002(1) RCR (Rent) 514 , assessed the provisional rent, whereby, the respondent-tenant was called upon to tender the rent on 11.02.2016. Neither the respondent nor his counsel had appeared nor the rent was tendered. The Rent Controller having left with no other option, passed the eviction order. The aforementioned eviction order though is appealable under Sec. 15(5) of the East Punjab Urban Rent Restriction Act, 1949 within a period of 15 days from the preparation of certified copy of the order. Having not availed that remedy, the application for recalling of the order by invoking the provisions of Order 9, Rule 13 of Code of Civil Procedure (hereinafter referred to as "CPC") was moved on 16.05.2016.