B

SYNOPSIS

The question of law which arises for the kind consideration of

this Hon’ble Court is whether the High Court has failed to

exercise powers of revisional court under Section 115 of the

Civil Procedure Code, 1908 while not interfering with the

Common Judgment and Order dated 7th February 2019 of the

Hon’ble High Court for the States of Punjab and Haryana at

Chandigarh in Civil Revision No.899 of 2019, against the

orders dated 30.03.2018 passed by the Ld. Rent Controller

Faridabad in RP/220/2016 and affirmed by the Ld. Appellate

Authority, Faridabad vide its order dated 01.11.2018 in R.A.

18 of 2018. It is submitted that the impugned order has been

passed contrary to the law laid down by this Hon’ble Court in

Rakesh Wadhawan V. M/s Jagdamba Industrial Corporation

as reported in 2002 (5) SCC 440. It is further submitted that

the Petitioner was not given an opportunity to make good the

deficit in the rent payment, otherwise the same would have

been done by the Petitioner.

It is submitted that the both the Courts below have failed to

appreciate that there was actual payment of assessed rent on

behalf of the Petitioner and as such, the Petitioner could have

not been asked to be evicted on the ground of non-payment of

rent. It is further submitted that the Petitioner has been

paying regular rent to the Respondents herein at the rate of

rs. 10,000/ per month till the last month from the passing of
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the order dated 01.11.2018 passed by the Ld. Appellate

Authority, Faridabad.

The Petitioner abovenamed respectfully submits this Petition

seeking Special Leave to Appeal against the Common

Judgment and Order dated 7th February 2019 of the Hon’ble

High Court for the States of Punjab and Haryana at

Chandigarh in (1) Civil Revision No.899 of 2019, against the

orders dated 30.03.2018 passed by the Ld. Rent Controller

Faridabad in RP/220/2016 and affirmed by the Ld. Appellate

Authority, Faridabad vide its order dated 01.11.2018 in R.A.

18 of 2018, whereby the Hon’ble High Court has erroneously

dismissed the revision petition and consequently affirmed the

Ld. Rent Appellate Authority order whereby the Petitioner has

been asked to evict the suit premises on the grounds of non-

payment of rent and on the ground of personal necessity of

the Respondents under the provisions of Haryana Urban

(Control of Rent & Eviction) Act, 1973

It will not be out of place to mention that the Ld. Executing

Court has also issued warrant of possession against the

Petitioner.

Hence, the Present Special Leave Petition.

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LIST OF DATES AND EVENTS

DATES PARTICULARS OF EVENTS

1993 The father of Petitioner had been

inducted as tenant in one shop

measuring 9 feet x 12 feet in the year

1993 at the rent of Rs.600 per month.

The Respondents herein are the

landlords of the tenanted premises.

01.01.1996 Rent of the tenanted premises was

enhanced on 1.1.1996 to the tune of

Rs.900/- per month.

2003-2012 The Petitioner took one more shop on

rent at the rate of Rs.1000/- per

month. The rent of first shop was also

enhanced to the tune of Rs.1000/- per

month. One more shed behind the

shop No.2 was given on rent and the

rent of shed alongwith two shops was

consolidated to the tune of Rs.6000/-

per month. In the year 2012, one more

shop was given on rent to the

respondent @ Rs.2000/- per month.

There are doors in the first and third

shop for entering in the tin shed.

Hence, the rent of three shops and one

shed was consolidated to the tune of

Rs.10,000/- per month since October,

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2012 onwards.

At the relevant time, it was the stand of

the Petitioner that it was paying the

rent at the rate of 7000/- per month.

20.11.2016 The rent petition being

RP/2/20.11.2016 was filed by the

Respondents under Section 13 of the

Haryana Urban (Control of Rent &

Eviction) Act, 1973 seeking the relief of

ejectment order against the Petitioner

on the grounds of bonafide requirement

and arrears of rent for the period from

December 2014 to December 2015.

21.11.2016 The rent petition being RP/220/2016

was filed by the Respondents under

Section 13 of the Haryana Urban

(Control of Rent & Eviction) Act, 1973

seeking the relief of ejectment order

against the Petitioner on the ground of

arrears of rent for the period from

January 2016 to October 2016.

24.10.2017 The Ld. Rent controller was pleased to

partly allow the Petition filed by the

Respondents and allowed the Petition

only on the ground of bonafide

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requirement, however, the Petition was

rejected on the ground of non-payment

of rent.

On the ground of rent, the Ld. Rent

Controller was pleased to pass an order

as under:

“However, after perusal of the case

file further reveals that the respondent
paid the arrears of rent at the rate of
Rs.7000/- per month to the petitioner
during pendency of this petition after
assessment of provisional rent by this
court, including interest and costs total
amounting to Rs.1,00,000/- on
5.9.2016. Nothing on record to show
further default or arrears of rent after
the abovesaid payment. Therefore, the
respondent cannot be ejected from the
tenanted premises on the ground of
arrears of rent. However, it is to be
concluded that the rate of rent was
agreed between the parties is
Rs.10,000/- per month”

A copy of the Judgment and Order

dated 24.10.2017 passed by the Ld.

Rent Controller in Rent Petition No.

02/20.11.2016 is annexed herewith

and marked as ANNEXURE-P1.

[Pages 15 to 44]

22.11.2017 Aggrieved by the judgment and order

dated 24.10.2017, the Petitioner and

Respondents filed cross appeal being

R.A. No. 71 of 2017 and R.A. No. 72 of

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2017 respectively.

30.03.2018 The Ld. Rent Controller was pleased to

allow the Petition being RP/220/2016

which was filed by the Respondents

under Section 13 of the Haryana Urban

(Control of Rent & Eviction) Act, 1973

seeking the relief of ejectment order

against the Petitioner on the ground of

arrears of rent for the period from

January 2016 to October 2016.

A copy of order judgment and order

dated 30.03.2018 passed by the Ld.

Rent Controller in Rent Petition No.

02/20.11.2016 is annexed herewith as

ANNEXURE-P2. [Pages 45 to 53]

02.05.2018 Aggrieved by the judgment and order

dated 30.03.2018, the Petitioner filed

an appeal being R.A. No.18 of 2018

before the Ld. Appellate Authority,

Faridabad.
01.11.2018 The Ld. Appellate Authority passed an

order in cross Appeals being Rent

Appeal No. 71 of 2017 and Rent Appeal

No. 72 of 2017 and held us under the

appeal filed by the tenant titled

‘Dhanjeet Vs. Kailash Chand Sharma

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and others’ is hereby dismissed with

costs being devoid of any merit;

whereas the appeal filed by the

landlords titled ‘Kailash Chand Sharma

and others Vs. Dhanjeet’ is accepted

with costs by holding that the

respondent-tenant is liable to be ejected

on the ground of non-payment of rent

also, besides on the ground of bonafide

need.

A copy of order judgment and order

dated 01.11.2018 passed by the Ld.

Appellate Authority in Rent Appeals No.

71- 72 of 2017 is annexed herewith as

ANNEXURE-P3. [Pages 54 to 81]

On the same date, the Ld. Appellate

Authority also passed a judgement and

order in Rent Appeal No. 18 of 2018

which was filed by the Petitioner herein

which was filed before the Ld. Appellate

Authority against the order dated

30.03.2018.

A copy of order judgment and order

dated 01.11.2018 passed by the Ld.

Appellate Authority in Rent Appeals No.

18 of 2018 is annexed herewith as

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ANNEXURE-P4. [Pages 82 to 102]
02.02.2019 Aggrieved by the judgment and order

dated 30.03.2018 passed by the Ld.

Rent Controller in Rent Petition being

RP/220/2016 and the judgment and

order dated 01.11.2018 in Rent Appeal

being RA No. 18 of 2018, the Petitioner

preferred a Revision Petition before the

Hon’ble High Court for the States of

Punjab and Haryana.

A copy of the Revision Petition being RP

No. 899 of 2019 filed on behalf of the

Petitioner before the Hon’ble High

Court for the States of Punjab and

Haryana is annexed herewith as

ANNEXURE-P5. [Pages 103 to 112]

02.02.2019 Aggrieved by the judgment and order

dated 24.10.2017 passed by the Ld.

Rent Controller in Rent Petition being

RP/2/20.11.2016 and the judgment

and order dated 01.11.2018 in Rent

Appeal being RA No. 71-72 of 2017, the

Petitioner preferred a Revision Petition

before the Hon’ble High Court for the

States of Punjab and Haryana.

07.02.2019 The Hon’ble High Court erroneously

dismissed the Revision Petition filed by

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the Petitioner herein by way of the

impugned order. However, the

judgment was uploaded on the website

of the Hon’ble High Court. The same

was uploaded on the website of the

Hon’ble High Court only on 12.02.2019.

13.02.2019 Hence, the present Special Leave

Petition.