Punjab-Haryana High Court
Harjinder Kumar Alias Harjinder ... vs Sita Devi An Ors on 25 April, 2023
Neutral Citation No:=2023:PHHC:057908
2023:PHHC:057908
CR-2451-2023 (O&M)
114
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CR-2451-2023 (O&M)
Date of decision: April 25, 2023
Harjinder Kumar alias Harjinder Pal Singh
....Revisionist
versus
Sita Devi and others
....Respondents
CORAM: HON'BLE MR. JUSTICE ARUN MONGA
Present:- Mr. Lakhwinder Singh Mann, Advocate for Revisionist.
*****
ARUN MONGA, J. (ORAL)
Petition herein has been filed by revisionist-tenant seeking direction to
learned Appellate Authority, Hoshiarpur to decide stay application in a time bound
manner, filed along with the appeal of revisionist-tenant, against judgment/ order
dated 26.10.2022 (Annexure P-1) passed by learned Rent Controller, Hoshiarpur,
whereby ejectment of the Revisionist-tenant from shop in question has been ordered.
2. The revision petition is premised on the averments that respondent-
landlord filed a petition under Section 13 of the East Punjab Urban Rent Restriction
Act, for ejectment of revisionist-tenant from the shop in question. Vide order dated
26.10.2022 (Annexure P-1), learned Rent Controller, Hoshiarpur allowed the said
ejectment petition and directed the revisionist-tenant to vacate the shop in question.
Aggrieved, Revisionist-tenant filed an appeal before learned Appellate Authority
against the aforesaid ejectment order.
2.1. Along with the appeal, an application seeking stay of operation of
ejectmentorder was also filed. Said appeal was taken up by learned Appellate
Authority on 24.11.2022 (Annexure P-4), however, ad interim ex parte stay was
declined to petitioner/tenenat, observing that it would not be proper to pass an
injunction order without hearing respondent/landlord.
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2.2. Thereafter, on 02.02.2023, counsel for respondents No.1 to 3-landlords
filed an application seeking mesne profits. File was though taken up again on
23.02.2023 and but was adjourned to 06.04.2023 for consideration on application for
mesne profits. On 06.04.2023, matter was once again adjourned to 21.04.2023.
Meanwhile, respondents also filed execution petition and in the said proceedings, vide
order dated 21.03.2023, warrants of possession have been issued for 25.04.2023.
3. Learned counsel for revisionist-tenant would contend that since
application seeking stay of operation of judgment/ order dated 26.10.2022 passed by
learned Rent Controller, Hoshiarpur is still pending and not being decided by learned
Appellate Authority, and on the other hand, warrants of possession have been issued
by learned Executing Court, revisionist-tenant is apprehending his dispossession
without adjudication on the stay application as well as appeal.
4. Given the nature of order being passed, there is no necessity to issue
notice to respondent/landlords, as no serious prejudice would be caused to them.
Notice to respondents is thus dispensed with.
5. I have heard learned counsel for revisionist-tenant and gone through the
case file.
6. What is thus urged before this Court that on one hand, learned Appellate
Authority is not adjudicating the appeal pending before it and that too without
granting any interim protection and on the other hand, respondents-landlordsare
taking undue advantage of the same and have initiated execution proceedings pursuant
to the eviction order passed by learned Rent Controller, warrants of possession has
been issued and in case, same is executed, appellate proceedings would be rendered
infructuous.
6.1. On a Court query, learned counsel for revisionist submits that revisionist
is a petty shopkeeper running business of mobile repair/ sale in the rented premises
since year-2001 onwards. He submits that revisionist would be rendered totally
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remediless apart from losing his livelihood by sheer non-adjudication of his rights in
the pending appeal.
6.2. My attention has also been drawn to stand of the landlords qua non-
payment of rent at the rate of Rs.600/- per month with interest at the rate of 6% to be
recovered from revisionist. In the premise, in order to balance the equities and to meet
the ends of justice, I deem it appropriate that subject to revisionist-tenant depositing,
as an ad interim measure, rent at the rate of Rs.1,000/- per month w.e.f. the date of
default, which is stated to be 01.09.2016, within a period of 30 days from today,
needless to say without prejudice to the rights of respondent-landlords to cause any
further recovery in accordance with law, in case found entitled to do so, revisionist
shall not be dispossessed from the premises in question subject of-course to final
outcome of the appeal. It is also made clear that rent paid by revisionist-tenant
pursuant to this order shall be adjusted towards liability to be determined in the
pending application for mesne profits.
7. Disposed of accordingly.
8. Pending application(s), if any, shall also stand disposed of.
(ARUN MONGA)
JUDGE
April 25, 2023
mahavir
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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