Sita Ram Vs.
Malwinder Kaur  INSC 652 (30 March 2009)
JURISDICTION CIVIL APPEAL NO.2009 OF 2009 (Arising out of S.L.P. (C) No.30155
OF 2008) Sita Ram ..Appellant(s) Versus Malwinder Kaur ...Respondent(s) O R D E
R Leave granted.
By an order dated
28.3.2007, the Rent Controller dismissed the application filed by the appellant
under Section 18 of the East Punjab Urban Rent Restriction Act, 1949 (for
short, `the Act') for grant of leave to contest the petition filed by the
respondent under Section 13-B of the Act and directed him to handover vacant
possession of the demised premises within one month. The appellant challenged
that order in civil revision but could not persuade the High Court to set aside
the order of the Rent Controller. While doing so, the High Court simply
reiterated the reasons recorded by the Rent Controller.
We have heard learned
counsel for the parties and perused the record. In our view, the ground set out
by the appellant in the application for grant of leave merited acceptance and
the Rent Controller and High Court committed serious error by declining to
entertain the same. As a corollary, it must be held that the order of eviction
passed by the Rent Controller is legally unsustainable.
Accordingly, the appeal is allowed, impugned orders are set aside and the
appellant is granted leave to contest the suit. He shall file written statement
within six weeks from today. Thereafter, the Rent Controller shall decide the
petition filed by the respondent on merits.