DEVINDER SINGH Vs. SOCIETY JEWELLERS

JUDGEMENT

(1.) The present revision petition is filed against the order dated 16.09.2014 passed by the Rent Controller, Chandigarh, vide which the rent petition of the petitioners-landlord was dismissed on the ground of principle of res judicata and the appeal against the order of the Rent Controller was also dismissed vide order dated 20.07.2015.

(2.) Hence, the landlord cannot be debarred from proceeding with the eviction petition both on account of circumstances and law. In the present case, it was a totally absurd situation that resulted in firstly allowing the appeal against an order of eviction, then the suit and thereafter successive eviction petition. Admittedly, the petitioners had never given up his claim. Therefore, the petitioners cannot be precluded for instituting the fresh proceedings in the present set of circumstances, narrated above.

(3.) In view of the above, the present revision petition is allowed and both the orders, dated 16.09.2014 and 20.07.2015, passed by the Rent Controller, Chandigarh and the Appellate Authority, Chandigarh, respectively, are set aside. The eviction petition shall now be decided on merits. Taking into account the circumstances in the present case, the said rent petition shall be decided as expeditiously as possible.