RANDHIR SINGH Vs. RANJODH SINGH MUDHAR & ANOTHER

JUDGEMENT

(1.) The Punjab Rent Act, 1995 (for short 'the 1995 Act') has been enforced by the Government of Punjab with effect from 30.11.2013 by notification resulting in the abolition of Section 13-B of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the 1949 Act'). Non Resident Indian cases filed prior to 30.11.2013 are saved by virtue of the saving clause in the 1995 Act and they would be dealt with under the old law. After 30.11.2013, the Rent Controllers would have no jurisdiction to entertain the cases of NRIs under the old Act of 1949. In this case, the respondent - NRI filed the eviction petition against the petitioning tenant on 17.12.2014 invoking the special provisions of Section 13-B of the old Act.

(2.) It is argued on behalf of the petitioner - tenant that the petition itself was not maintainable and any orders passed therein are a nullity because the Rent Controller had lost jurisdiction and authority over cases involving the special provisions of the old Act after the 1995 Act was brought into force.

(3.) However, the learned Rent Controller disregarding the legal provision proceeded to dispose of the case on merits and allowed the eviction petition after declining the application filed by the petitioner - respondent under Section 18-A of the 1949 Act for leave to defend the petition. As a result, the petitioner - tenant exposed to imminent eviction, approached this Court by way of the present revision.