SHIV CHARAN KAUR Vs. SURJIT KAUR

JUDGEMENT

(1.) THE Judgment shall dispose of Civil Revision Nso. 1743 and 1906 of 1988 which are directed against two similar orders passed by the learned Rent Controller on 18-7-1988 in two separate applications for ejectment filed by Smt. Surjit Kaur, landlord respondent against the petitioner. Through the impugned orders applications under Section 10 of the Code of Civil Procedure (for short the 0ode) filed by the petitioner for staying the proceedings in the ejectment applications have been dismissed.

(2.) THE petitioner was a tenant and is still claimed to be a tenant by the respondent under the latter in House No. 3055, Sector 22-D, Chandigarh. The respondent filed an application for the ejectment of the petitioner from the said house by filing an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the Act) as applicable to the Union Territory of Chandigarh on the ground that the petitioner had failed to pay or tender rent for the period 112-1983 to 30 4 1985. She filed a second application for ejectment of the petitioner on the ground of non-payment of rent for the period 112-1983 to 30-9-1985. Then a third application for ejectment was filed by her against the petitioner on the ground of non payment of rent for the period 1-12-1983 to 31-7-1986. It is not in dispute that out of these ejectment applications two were pending in the Court of Shri Amarjit Singh Katari, the then Rent Controller, Caandigarh and are now pending in the Court of Shri G. S, Sewak, Rent Controller. In one out of these three applications an order of ejectment was passed by the Rent Controller The petitioner filed an appeal under Section 15 (l) (b) of the Act and the same is still pending in the Court of Shri S. R. Bansal. Additional District Judge, Chandigarh exercising the powers of the Appellate Authority under the Act.

(3.) THE respondant then filed the instant application for ejectment in which the impugned orders have been passed. One of these applications for ejectment is on the ground of non-payment of" rent by the petitioner for the period 1-12-1983 to 31-12 1986 and the other is for non- payment of arrears of rent for the period 1-12-1983 to 31-3-1987.