High Court of Punjab and HaryanaCR/7398/2017dismissed

Mohinder Pal v. Bimla Chhabra And ORS

2018-09-14Mrs. Justice Anita Chaudhry2 pages

Civil Revision No.7398 of 2017 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7398 of 2017 (O&M) Date of Order: 14.09.2018 Mohinder Pal ..Petitioner

Versus

Bimla Chhabra and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Divyanshu Jain, Advocate, for the petitioner.

Mr. Mayank Mathur, Advocate for the respondents.

ANIL KSHETARPAL, J(Oral) Tenant-petitioner is in the revision petition against the order passed by the learned Rent Controller, dismissing application under Order 7 Rule 11 of the Code of Civil Procedure.

Landlord filed a petition under the East Punjab Urban Rent Restrict Act, 1949, claiming for determination of the fair rent and eviction on the ground, if the tenant fails to pay the fair rent. Learned counsel for the petitioner submitted that a new Rent Act i.e. Punjab Rent Act, 1995 has been enforced. However, with respect to the tenancies which were created before the enforcement of the Act, would be governed by the old Act. However, he further submitted that the present petition has been filed under Section 4 of the New Act as would be clear from the reading of petition.

On careful examination of the petition, it is apparent that the NARESH KUMAR 2018.09.25 12:41 I attest to the accuracy and integrity of this document Chandigarh

Civil Revision No.7398 of 2017 (O&M) -2petition was filed under the old Act, i.e. East Punjab Urban Rent Restrict Act, 1949. The grounds for rejection of the petition under Order 7 Rule 11 of the Code of Civil Procedure are very limited and the court is not bound to reject the petition only because a wrong ground has been taken in the petition or wrong provision of the Act has been mentioned. In view thereof, this court does not find any good ground to interfere.

The revision petition is dismissed.

September 14, 2018 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No NARESH KUMAR 2018.09.25 12:41 I attest to the accuracy and integrity of this document Chandigarh