Vaibhav Vashishta vs Ganga Sarup Vashishta (Since ...
2022 Latest Caselaw 1601 P&H

CR-1974 and 2424-2021 (O&M)                                              -1-

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH

(1)                             CR-1974 of 2021 (O&M)

Vaibhav Vashishta
                                                               ...Petitioner
                    Versus

Ganga Sarup Vashishta and others

                                                            ...Respondents

(2)                             CR-2424 of 2021 (O&M)

Devender Kumar Vashishta
                                                               ...Petitioner
                    Versus

Ganga Sarup Vashishta and others

                                                            ...Respondents

                                Date of decision: 14.03.2022

CORAM: HON'BLE MR.JUSTICE H.S. MADAAN

Present:    Mr. Amit Jain, Advocate for the petitioner
            in CR-1974-2021 and on behalf of
            Dr. A.K. Bishnoi, Advocate for the petitioner
            in CR-2424-2021.

            Mr. Sudhir Aggarwal, Advocate for respondent No.1.

H.S. MADAAN, J. (Oral)

Case taken up through video conferencing.

This order of mine shall dispose of aforementioned revision

petitions, as the issue involved therein is common.

These revision petitions are directed against the direction

issued by Addl. District Judge-cum-Appellate Authority, Gurugram, vide

judgment dated 29.02.2020, remanding the case back to Rent Controller,

Gurugram for fresh adjudication.

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 CR-1974 and 2424-2021 (O&M)                                          -2-

Briefly stated facts of the case are that on an ejectment

petition filed by petitioner/landlord Ganga Sarup Vashista since dead

now represented by his LR against respondent/tenant Vaibhav Vashishta

and others, Rent Controller, Gurugram, vide judgment/order dated

12.10.2015 dismissed the petition.

Feeling aggrieved, the appellant/petitioner had filed an

appeal before Addl. District Judge-cum-Appellate Authority, Gurugram,

which after contest was disposed of, vide judgment dated 29.02.2020 and

Addl. District Judge-cum-Appellate Authority, Gurugram finding faults

with the conclusions arrived at by the Rent Controller, Gurugram,

observed that Rent Controller, Gurugram had failed to discuss any of the

issues framed in the ejectment petition and had laid the entire emphasis

on various documents placed on record by the respondents regarding title

of demised premises, remanded the case to Rent Controller to decide the

rent petition afresh after hearing the arguments, in the process, the

judgment passed by the Rent Controller, Gurugram was set aside and a

direction was issued to him to decide the case afresh after hearing the

arguments expeditiously, preferably within a period of six months.

Feeling dissatisfied with the said judgment, the tenant

Vaibhav Vashishta has filed the present revision petitions, notice of

which was given to the respondent, who has put in appearance through

counsel.

Today, learned counsel appearing for respondent No.1 has

stated that since there is no provision in the East Punjab Urban Rent

Restriction Act, 1949 for remand of the case by the Appellate Authority

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CR-1974 and 2424-2021 (O&M) -3-

to the Rent Controller, therefore, he does not want to contest the revision

petitions, which may be accepted. However, a direction be issued to the

Appellate Authority to decide the case expeditiously.

Learned counsel appearing for the revisionist is also

agreeable for issuance of direction to Addl. District Judge-cum-Appellate

Authority, Gurugram for disposal of the appeal in an expeditious manner.

Under the circumstances, the revision petitions are accepted.

The impugned judgment passed by Sh. Sanjay Kumar, Addl. District

Judge-cum-Appellate Authority, Gurugram dated 29.02.2020 remanding

the case to Rent Controller, Gurugram for fresh disposal is set aside.

Resultantly, Addl. District Judge-cum-Appellate Authority, Gurugram

would decide the appeal on merits after affording an opportunity to both

the parties to advance arguments. The appeal be disposed of in a prompt

manner preferably within a period of 06 months from the date of receipt

of copy of this order in that Court. As a result of final disposal of the

revision petitions, the interim order passed therein stands withdrawn.

The parties through counsel are directed to appear before the

Appellate Authority on 01.04.2022.

A copy of this order be sent to the Appellate Authority,

Gurugram for information and necessary compliance.

14.03.2022                                        (H.S. MADAAN)
sumit.k                                               JUDGE

             Whether speaking/reasoned :             Yes       No
             Whether Reportable :                    Yes       No




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