Jagpal Singh v. M/S Hotel Roxy And ORS.

CR-5517-2022 --1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-5517-2022 Decided on:-29.11.2022 Jagpal Singh ....Petitioner vs.

M/s Hotel Roxy and others ....Respondents.

CORAM:HON'BLE MR. JUSTICE HARKESH MANUJA

Present:

Mr. R.S. Bajaj, Advocate, for the petitioner.

***** HARKESH MANUJA J. (Oral) By way of present revision petition, petitioner-landlord has approached this Court, praying for issuance of direction to the learned Rent Controller, Jalandhar, for expeditious disposal of Rent Case No.405/ 2019 dated 17.12.2019, titled as "Jagpal Singh and others vs. M/s Hotel Roxy etc."

2.

Facts leading to the present case are that an eviction petition was filed at the instance of petitioner-landlord, seeking ejectment of respondents-tenant, as regards his commercial building known as Channa Mansion Building, situated opposite Friends Theatre, Old Post Office Road, Jalandhar, on account of non-payment of rent as well as for personal necessity. The ejectment petition was filed on 28.11.2019. Despite service, no one appeared on behalf of respondent No.1, who was thus, proceeded against ex-parte. Respondents No.3 to 5 filed their written statement on 22.12.2020.

3.

It has been contended on behalf of petitioner-landlord that SONIKA 2022.12.02 10:08 I attest to the accuracy and integrity of this document

CR-5517-2022 --2-- despite the fact that the parties completed their pleadings way-back in December 2020, the trial in the eviction petition has not commenced. He further submits that even till date the provisional assessment of rent has not been adjudicated upon by the Rent Controller. 4.

Learned counsel for the petitioner also submits that out of the four petitioners in the eviction petition, three are now more than 65 years of age, waiting for their rights to be adjudicated upon by the learned Rent Controller.

5.

I have heard learned counsel for the petitioner and gone through record.

6.

Considering the fact that three out of the four petitionerslandlord in eviction petition are already 65 years of age and eviction petition filed at their instance, on the ground of bonafide necessity is still lingering on at the initial stage, despite expiry of almost 3 years now, I deem it appropriate to request the learned Rent Controller, so as to expedite the disposal of the aforementioned eviction petition and to decide the same preferably within a period of one year from today. 7.

Keeping in view the nature of proceedings, the present petition is being disposed off without issuing notice to the respondents, least it may further delay the proceedings.

8.

Pending application(s), if any, shall also stand disposed of. 29.11.2022 (HARKESH MANUJA) sonika JUDGE Whether speaking/reasoned: Yes/No Whether reportable:

Yes/ No SONIKA 2022.12.02 10:08 I attest to the accuracy and integrity of this document