SATPAL Vs. VIJAY KUMAR

JUDGEMENT

(1.) Petitioner is aggrieved of orders dtd. 20/3/2018 and 2/8/2018, passed by the learned Rent Controller, Ludhiana, whereby his defence has been struck off on the ground that the reply/written statement, was not filed despite opportunity and his application dtd. 30/3/2018 for recalling/review of order dtd. 20/3/2018, has been dismissed.

(2.) It is submitted that the present petitioner-tenant (respondent in the petition under Sec. 13 of the East Punjab Urban Rent Restriction Act) filed by the respondent-landlord, had appeared on 28/3/2016. Last opportunity was afforded to the present petitioner to file his reply on 30/1/2018 vide order dtd. 13/12/2017 passed by the learned Rent Controller, Ludhiana. Reply could not be filed on 30/1/2018. The matter was adjourned to 23/2/2018 subject to last and final opportunity, failing which it was observed that the petitioner's defence will be struck off.

(3.) Learned counsel for the petitioner submits that the reply in this case was ready on 23/2/2018 but the presiding officer was on leave on the said date and the matter stood adjourned to 20/3/2018. However, lawyers suspended work from 20/21/3/2018, due to elections, which were to be held on 6/4/2018 in the District Bar Association, Ludhiana. Notice of the same was circulated on 19/3/2018. Petitioner's counsel noted that the matter was adjourned to 11/5/2018. However, later on it came to light that the learned Rent Controller, Ludhiana, vide order dtd. 20/3/2018 had directed that the defence of the respondent be struck off on account of non-filing of the written statement.