DEV RAJ DUGGAL Vs. HARISH KUMAR

JUDGEMENT

(1.) The tenant, during the pendency, of, Rent Petition No. 24-2 of 2017, before the learned Rent Controller concerned, instituted an application, cast, under the provisions of Order 7 Rule 11 CPC, casting therein averments, qua, (a) the demised premises being unamenable, for, being statutorily espoused qua theirs' being bonafidely required by the wife of the petitioner, for, enabling the latter to, upon, an order of eviction, being passed, upon, the afore petition, hers establishing therein, any, commercial enterprise(s), (b) and also espoused qua the afore ground, remaining ungrooved, in, apposite therewith statutorily facilitative apt ground(s), (c) false averments being cast in the petition, for, sustaining the imperative statutory requirement qua, from, five years since, the, institution of the petition, for, eviction, the landlord, not vacating, any, commercial premises or seeking eviction therefrom, of, tenants' housed therein, (d) as, within the afore period hence in the month, of, February, 2017, rather premises occurring, in, the apt building, wherein also the demised premises also occur, hence standing leased, to M/s Sandeep jewelers, and, also within the afore period, and, in the year 2013, another premises occurring, in, the same building, being let out, to M/s Sai Hand Looms. Upon the afore motion a, disaffirmative order, stood pronounced, hence by the learned Rent Controller, and, the petitioner standing aggrieved therefrom, has, hence cast a challenge thereon, by instituting the instant petition, before this Court.

(2.) The learned counsel appearing for the petitioner, has, made a vehement, (a) contention before this Court, qua, the apt statutory provisions, borne in the H.P. Rent Control Act, 1987, visibly not vesting any leverage, in the landlord, to, hence, on behalf of his wife, seek eviction of the tenant, from, the demised premises, (b) nor he can thereafter make any valid statutory espousal qua his wife, requiring the demised premises, for, enabling her, to, upon an order of eviction, being rendered, to operate, a, commercial enterprises therein. Consequently, he contends, that, rather within the ambit of Order 7 Rule 11 CPC, and, more specifically, within, the ambit of clause (a), and, clause (d), thereupon an, empowerment, being, vested, in, the learned Rent Controller, to, reject the plaint, imminently, for, non-disclosure, of, valid cause(s) of action, or, for, the plaint being hence barred, by law (e) and, he further contends qua the afore lack of statutory enablements in the landlord, to, on behalf, his wife, hence seek, on, the aforestated grounds, an, order, of, eviction being pronounced qua the demised premises, hence his constructing any valid cause of action, and, thereupon the rent petition being barred to be maintained, and, rather it warranting, its, dismissal, at, the initial stage.

(3.) However, the afore grounds, are, rather discountenanced, by this Court, (i) as, a thorough perusal, of, the statutory provisions, borne, in, the, H.P. Urban Rent Control Act, 1987, unfold theirs, not explicitly either vesting jurisdiction, in the learned Rent Controller, to apply, upon, the rent petition, the mandate of Order 7 Rule 11 CPC, (ii) nor, also any apt specific contemplation, stands, borne in Civil Procedure Code, hence making, the, afore, mandate applicable, vis-a-vis, a rent petition, (iii) reiteratedly, for, want, of, explicit applicability, of, the strived provisions, as, encapsulated in the CPC, vis-a-vis, a rent petition, for, therethrough(s), alike the trial, of, the civil suit, hence by the learned civil court, being hence enabled also hence also trial being made, of, a, rent petition, hence by the learned Rent Controller concerned, (iv) thereupon the afore explicit wants, do constrain, this Court to conclude, qua the application, whereon a dis-affirmative order, was, pronounced, being mis-constituted, and, also the application, being outside, the ambit, of, the, apposite specific legislation, hence governing, and, appertaining to the trial(s) of, an, eviction petition, rather by the learned Rent Controller concerned.