AVTAR SINGH Vs. ROSHAN LAL

JUDGEMENT

(1.) Petitioner is aggrieved of orders dated 22.05.2018 and 15.09.2018, passed by the learned Rent Controller, Ludhiana, whereby the petitioner-tenant who is the respondent in the petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949, filed by the respondent-landlord, has been debarred from filing the written statement.

(2.) Learned Rent Controller, Ludhiana, vide order dated 22.05.2018 (Annexure P-6), concluded that despite various opportunities, written statement to the amended petition was not filed, therefore, the respondent was debarred from filing his written statement to the said amended petition dated 20.04.2018. Learned counsel submits that the petitioner had earlier filed an application dated 24.04.2018 (Annexure P7) for dismissal of the petition on the ground of non-compliance of Section 20 (2) (a) of the Punjab Rent Act, 1995. It was ultimately decided by the learned Rent Controller, Ludhiana, on 15.09.2018 (Annexure P14). In the meantime, two applications were moved by the respondent landlord for striking off the defence of the present petitioner on the ground of non-payment of costs and non-filing of the written statement. Learned Rent Controller, vide impugned order dated 15.09.2018 (Annexure P-13), observed that opportunity to file the written statement has already been closed vide order dated 22.05.2018, therefore, no further opportunity would be given to file the written statement.

(3.) Learned counsel for the petitioner argues that the respondent-landlord was permitted to amend his petition. Application filed by the respondent-landlord under Order 6 Rule 17 CPC was allowed by the learned Rent Controller, Ludhiana, vide order dated 03.04.2018 (Annexure P-1). Amended petition dated 20.04.2018 (Annexure P-2) was filed. Matter came up before the learned Rent Controller, Ludhiana, on 08.05.2018 and was adjourned to 14.05.2018 for filing of the written statement to the amended petition. As there was a change of counsel on behalf of the petitioner, the matter was again adjourned to 21.05.2018 for filing of the written statement to the amended petition subject to last opportunity. Written statement could not be filed on 21.05.2018 and the matter was adjourned for the next day itself i.e. 22.05.2018 for the said purpose, subject to deposit of Rs 2000/- as costs. It is submitted that due to paucity of time and circumstances beyond the control of the petitioner, written statement to the amended petition could not be filed on 22.05.2018 and the learned Rent Controller, Ludhiana, in an unjustified manner, debarred the present petitioner from filing the written statement to the amended petition vide impugned order dated 22.05.2018 (Annexure P-6).